A split Manhattan state appellate court has rejected President Donald Trump’s argument that he is protected by the supremacy clause of the U.S. Constitution from facing litigation in state court.

The Appellate Division, First Department panel majority of Justices Dianne Renwick, Troy Webber, and Cynthia Kern found that Summer Zervos, who alleged Trump sexual harassed her on the set of his reality television show, could proceed with her defamation suit.