NEW YORK, May 30 (Reuters) - A New York state appeals
court said Donald Trump can sue his niece Mary Trump for giving
the New York Times ( NYT ) information for its Pulitzer
Prize-winning 2018 probe into his finances and his alleged
effort to avoid taxes.
The Appellate Division in Manhattan found a "substantial"
legal basis for Donald Trump to claim that his niece violated
confidentiality provisions of a 2001 settlement over the estate
of his father, Fred Trump Sr.
A five-judge panel said it was unclear whether Mary Trump's
disclosures were subject to confidentiality, or how long both
sides intended the provisions to remain in effect.
"At a minimum, nominal damages may still be available on the
breach of contract claim even in the absence of actual damages,"
the court said. Donald Trump had sought $100 million.
Lawyers for Mary Trump did not immediately respond to
requests for comment.
They had argued that Donald Trump's lawsuit violated a state
law to stop litigation designed to "chill and retaliate against"
free speech, including communications with the press.
Alina Habba, a lawyer for the former U.S. president, said
Trump looked forward to holding Mary Trump "fully accountable
for her blatant and egregious breach of contract."
Thursday's decision upheld a June 2023 ruling by Justice
Robert Reed of the state Supreme Court.
Reed also dismissed Donald Trump's claims against the Times
and three reporters, and in January ordered him to pay $392,639
of their legal fees.
In November 2022, Reed dismissed Mary Trump's separate
lawsuit accusing her uncle and two of his siblings of defrauding
her out of a multi-million-dollar inheritance.
The Times' reporting challenged Donald Trump's claim that he
was a self-made billionaire.
It said he received the equivalent of $413 million from his
father, largely the result of "dubious" tax schemes in the
1990s, including undervaluing his family's real estate holdings.
Donald Trump has denied wrongdoing.
Mary Trump, a psychologist, identified herself as a Times
source in her 2020 tell-all, "Too Much and Never Enough: How My
Family Created the World's Most Dangerous Man."
The case is Trump v Trump, New York State Supreme Court,
Appellate Division, 1st Department, No. 2023-03021.