A Dutchess County Supreme Court justice on Monday denied President Donald Trump’s brother’s attempt to obtain a preliminary injunction against the brothers’ niece, Mary Trump, whose book about the president is set for publication Tuesday, and her publisher Simon & Schuster.

Mary Trump signed a confidentiality agreement in connection with the settlement of her grandfather’s will in 2001, but the family’s circumstances and particularly those of her uncle Donald Trump have changed tremendously since then, Justice Hal Greenwald found.