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ZERVOS v. TRUMP

1109 CA 18-00951.

171 A.D.3d 110 (2019)

94 N.Y.S.3d 75

2019 NY Slip Op 01851

SUMMER ZERVOS, Respondent, v. DONALD J. TRUMP, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 14, 2019.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York City ( Marc E. Kasowitz , Christine A. Montenegro and Paul J. Burgo of counsel), for appellant.

Cuti Hecker Wang LLP, New York City ( Mariann Meier Wang , John Cuti , Eric Hecker , Daniel Mullkoff and Heather Gregorio of counsel), for respondent.

Ropes & Gray LLP, New York City ( Robert S. Fischler , Patrick J. Reinikainen , Elizabeth Bierut and Nicholas C. Spar of counsel), for amici curiae.

WEBBER and KERN, JJ., concur with RENWICK, J.P; MAZZARELLI, J., dissents in part in an opinion in which TOM, J., concurs.

OPINION OF THE COURT

This case raises a constitutional issue of first impression: whether the Supremacy Clause of the United States Constitution requires a state court to defer litigation of a defamation action against a sitting President until his terms end.

Two decades ago, in Clinton v Jones (

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