A former contestant on Donald Trump’s reality TV show “The Apprentice” may pursue her defamation lawsuit against the U.S. president, a New York state judge ruled on Tuesday, despite Trump’s effort to have an appeals court put it on hold.

The contestant, Summer Zervos, has claimed that Trump sexually harassed her and defamed her when he denied her allegations. Trump has argued that as a sitting president he is immune from the lawsuit and is seeking an order from New York’s highest court freezing the case.

At a hearing in Manhattan on Tuesday, Trump’s lawyer, Marc Kasowitz, argued that the lawsuit should not go forward until the New York Court of Appeals, and if necessary, the U.S. Supreme Court, decides the issue.

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