The ruling on Thursday is a legal setback for Trump, who is facing multiple lawsuits focused on allegations women have made against him as well as his public comments about those women. "I think it is very important that President Trump provide answers in Summer's civil defamation case through the discovery process a.s.a.p. 'Justice delayed is justice denied'".
While Trump apologized for his comments, Zervos accused him of having kissed her against her will at a 2007 meeting in NY, and later groped her at a Beverly Hills hotel.
Zervos alleges Trump kissed her twice on the lips during a 2007 meeting at his office, and kissed and groped her the next time she saw him at a Beverly Hills, California, hotel, where she had gone to join him for dinner. He called them all "liars".
Judge Jennifer Schechter ruled in March that Trump is not immune from the state court lawsuit. Schecter pointed at U.S. Supreme Court case Clinton v. Jones to support her decision.
As noted by CNN, the appeal was made on March 20 by Trump's lawyer, Marc Kasowitz, who asked the appellate court to determine what would constitute immunity for a president who is now in office, as indicated on the Constitution's Supremacy Clause.
Furthermore, Kasowitz justified his appeal by saying that the lawsuit could "irreparably harm" Trump, and cited the stay pending appeal required by both NY and federal law.
"We look forward to proving Ms. Zervos's claim that defendant lied when he maliciously attacked her for reporting his sexually abusive behavior", Wang said in a statement.
Complicating matters is that Zervos's suit was filed in NY state court. She's seeking a retraction, an apology and compensatory and punitive damages.
The ruling Thursday could be was unremarkable as a matter of law, but potentially consequential and significant for Trump, according to Stephen Gillers of New York University Law School. Since Trump has yet to do that, and since courts continue to rule in Zervos's favor, the suit continues to be one of many hanging over the president's head.
Zervos's lawyers also are seeking Trump campaign documents concerning not only Zervos but any woman who has accused Trump of inappropriate touching, as well as any campaign records referring to the release of a 2005 "Access Hollywood" tape in which Trump boasted about grabbing women.
The White House was not immediately available for comment. Gloria Allred, the high-profile women's-rights attorney who had served as Wang's co-counsel in the case before withdrawing in March, said in an interview past year that her team had meant to depose Trump if the case proceeded.