State Supreme Court Judge Doris Gonzalez of the Bronx denied an effort by Trump to quash a subpoena ordering him to testify.
The judge said Trump’s argument that there must be “exceptional circumstances” to depose a high-ranking government official did not apply because he was being called to answer for conduct outside of office.
Lawyers for the plaintiffs have argued that Trump should have known that the security personnel would act in a “negligent or reckless manner.”
“This is a case about Donald Trump’s security guards assaulting peaceful demonstrators on a public sidewalk," lawyer Benjamin Dictor said Thursday. "We will be taking the trial testimony of Donald Trump, under oath, on Monday after years of the defendants’ dilatory attempts to shield him from this examination. We look forward to presenting the video of Mr. Trump’s testimony to a jury at his trial.”
Trump's testimony will be played for a jury if the case proceeds to trial. If an emergency such as illness arises, Trump must testify by the end of the month, Gonzalez wrote in an Oct. 4 filing.