Trump appeals decision allowing Summer Zervos' suit to continue

President Trump is fighting a ruling allowing a one-time "Apprentice" contestant's defamation lawsuit to move forward, contending he can’t be sued while he’s in office.

Trump insisted Monday in Manhattan Supreme Court filings that the U.S. Constitution protects him from a lawsuit filed by Summer Zervos, who had appeared on his reality TV show.

Zervos had claimed that Trump slimed her on the campaign trail after she publicly accused him of groping her in 2007.

Manhattan Supreme Court Justice Jennifer Schecter previously shot down Trump's push to dismiss Zervos' suit — which was based on claims of presidential immunity.

"No one is above the law. It is settled that the President of the United States has no immunity and is 'subject to the laws' for purely private acts," Shecter ruled on March 20.

RELATED: A look at Summer Zervos

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BEVERLY HILLS, CA - FEBRUARY 26: Reality TV personality Summer Zervos attends The 27th Annual Night Of 100 Stars Black Tie Dinner Viewing Gala at the Beverly Hilton Hotel on February 26, 2017 in Beverly Hills, California. (Photo by J. Countess/WireImage)
PACIFIC PALISADES, CA - FEBRUARY 26: Donald Trump Accuser Summer Zervos attends the 27th annual 'Night Of 100 Stars' black tie dinner viewing gala at The Villa Aurora on February 26, 2017 in Pacific Palisades, California. (Photo by Paul Archuleta/FilmMagic)
LOS ANGELES, CA - JANUARY 17: Summer Zervos attends a press conference with attorney Gloria Allred (L) to announce their defamation lawsuit against President-elect Donald Trump on January 17, 2017 in Los Angeles, California. Zervos a former contestant on The Apprentice accused Trump of sexually inappropriate conduct prior to the presidential elction. (Photo by David McNew/Getty Images)
Summer Zervos, a former contestant on the TV show The Apprentice, who previously accused Donald Trump of sexual misconduct, during a press conference in Los Angeles, California on November 11, 2016. (Photo by Ronen Tivony/NurPhoto via Getty Images)
Summer Zervos (R), who previously accused President-elect Donald Trump of sexually assaulting her, listens at a press conference with attorney Gloria Allred at Allred's office in Los Angeles on November 11, 2016. Allred on Friday called on Trump to promise not to file a complaint against those who accused him of abusive sexual behavior, waving the threat of counter-prosecution. Allred asked the president-elect to retract his statements calling his accusers liars, and assure them he will not prosecute them. / AFP / Robyn Beck (Photo credit should read ROBYN BECK/AFP/Getty Images)
LOS ANGELES, CA - OCTOBER 14: Summer Zervos, a former candidate on �The Apprentice� season five, who is accusing Donald Trump of inappropriate sexual conduct, speaks to the press with her attorney Gloria Allred October 14, 2016 in Los Angeles, California. This is the first time the accuser has spoken publicly about the alleged incident. (Photo by Frederick M. Brown/Getty Images)
Summer Zervos who was a contestant on the TV show The Apprentice, speaks about allegations of sexual misconduct against Republican presidential hopeful Donald Trump during a press conference with attorney Gloria Allred in Los Angeles, California on October 14, 2016. / AFP / Mark RALSTON (Photo credit should read MARK RALSTON/AFP/Getty Images)
LOS ANGELES, CA - OCTOBER 14: Summer Zervos, a former candidate on �The Apprentice� season five, who is accusing Donald Trump of inappropriate sexual conduct, speaks to the press with her attorney Gloria Allred October 14, 2016 in Los Angeles, California. This is the first time the accuser has spoken publicly about the alleged incident. (Photo by Frederick M. Brown/Getty Images)
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Trump's lawyers are taking the same legal position in their notice of appeal, however, again arguing that the Constitution "bars state courts from exercising jurisdiction over a sitting President for reasons of federalism, comity, and local prejudice."

Team Trump is also saying that the court should have put the proceedings on hold — and that any statements Trump made about Zervos are "subjective opinions."

Trump's lawyer did not immediately respond to a request for comment.

Zervos's lawyer, Mariann Wang, said in an email, "We believe the court's well-reasoned decision will be upheld, and look forward to proving Ms. Zervos's claim."

Zervos had filed her lawsuit against Trump in January 2017, charging that he groped her and "kissed her on the mouth repeatedly" without consent.

Zervos said Trump defamed her by claiming the allegations were made up and for "personal gain."

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