The lawsuit is one of several legal issues facing the former president now that he has left the White House. He faces several criminal investigations, civil state inquiries and defamation lawsuits alleging sexual harassment by two women.
After Zervos sued Trump for defamation, he denied allegations that he sexually assaulted her in 2007. There was a delay in the matter of whether the US constitution derives authority from the court of the state when it comes to jurisdiction over the president.
The case, which has been going on since January 2020, will now appear before the trial court. Zervos is seeking the removal of Trump as part of his trial.
Zervos alleges that Trump kissed her twice on the lips during a luncheon meeting in his New York City office, and on a separate occasion in Beverly Hills, he is alleged to have kissed her aggressively and touched her breast.
Trump has denied the allegations.
Zervos’ lawyer said in a statement, “Now a private citizen, the defendant has no other excuse for delaying justice for Ms. Zervos, and we are eager to return to trial court and prove her claims . “
The Trump Organization, which did not oppose the motion by Zervos, did not immediately respond to a comment.
This story has been updated with additional details.