The Manhattan Appellate Division has found a “substantial basis in law” for Trump’s claim that his niece violated confidentiality provisions from the 2001 settlement of Fred Trump Sr.’s estate.
While the court admitted uncertainty regarding whether Mary Trump’s disclosures were subject to confidentiality, it authorized Trump to proceed with a lawsuit to ascertain this. However, the court hinted that Trump might only be entitled to nominal damages, not the initial $100 million sought.
The panel emphasized that even without actual damages, nominal damages could be available for the breach of contract claim.
Despite previous rulings favoring the former president, the court upheld the lower court’s decision against Ms. Trump. It underscored unresolved factual issues regarding the confidentiality provision’s meaning and scope.
The lawsuit stemmed from a 2018 New York Times article containing information provided by Mary Trump, which delved into President Trump’s taxes. Although the court did not find Ms. Trump liable, it affirmed Trump’s right to sue her.
Mary Trump’s lawyer argued that Trump’s lawsuit violated state laws against frivolous cases aimed at stifling critics. Conversely, Trump’s attorney expressed eagerness to hold Mary Trump accountable for her alleged breach of contract.
Amidst these legal proceedings, President Trump shared news of the court’s decision on his Truth Social account. Meanwhile, Mary Trump celebrated his separate criminal conviction, describing it as a vindication for New Yorkers and Americans.
The case is known as Trump v Trump and is filed in the New York State Supreme Court, Appellate Division, 1st Department, under case number No. 2023-03021.
