FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO.

150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
-------------------------------------------x
:
SUMMER ZERVOS, : Index No. 150522/2017
:

Plaintiff, : Hon. Jennifer G. Schecter

:
V.
: ANSWER
DONALD J. TRUMP, :
:
Defendant. :
:
-------------------------------------------x

Defendant Donald J. Trump, subject to and reserving all rights to his immunity, under the

Supremacy Clause of the United States Constitution, Article IV, Section II, of a sitting United

States President from being sued in a state court while serving as President, for his answer to the

complaint:

SPECIFIC DENIALS

1. Denies the allegations of paragraph 1.

2. Denies the allegations of paragraph 2.

3. Denies the allegations of paragraph 3, except denies knowledge and information

sufficient to form a belief as to what, if anything, plaintiff told her family and friends and her

thoughts and beliefs.

4. Denies the allegations of paragraph 4.

5. Denies the allegations of paragraph 5, except denies knowledge and information

sufficient to form a belief as to plaintiff's thoughts and beliefs.

6. Denies the allegations of paragraph 6.

7. Denies the allegations of paragraph 7.

1 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

8. Denies the allegations of paragraph 8, except refers to the purported statements

referred to therein for the contents thereof.

9. Denies the allegations of paragraph 9.

10. Denies the allegations of paragraph 10.

11. Denies the allegations of paragraph 11.

12. Denies the allegations of paragraph 12.

13. Denies the allegations of paragraph 13.

14. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 14.

15. Denies the allegations of paragraph 15.

16. The allegations contained in paragraph 16 assert conclusions of law to which no

response is required.

17. The allegations contained in paragraph 17 assert conclusions of law to which no

response is required.

18. The allegations contained in paragraph 18 assert conclusions of law to which no

response is required.

19. Denies knowledge and information sufficient to form a belief regarding the

allegations in the first sentence of paragraph 19.

20. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 20.

21. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 21.

2 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

22. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 22.

23. Denies the allegations of paragraph 23.

24. Denies the allegations of paragraph 24.

25. Denies the allegations of paragraph 25.

26. Denies the allegations of paragraph 26.

27. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 27.

28. Denies the allegations of paragraph 28.

29. Denies the allegations of paragraph 29.

30. Denies the allegations of paragraph 30.

31. Denies the allegations of paragraph 31.

32. Denies the allegations of paragraph 32.

33. Denies the allegations of paragraph 33.

34. Denies the allegations of paragraph 34.

35. Denies the allegations of paragraph 35.

36. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 36.

37. Denies the allegations of paragraph 37.

38. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 38.

39. Denies the allegations of paragraph 39.

40. Denies the allegations of paragraph 40.

3 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

41. Denies the allegations of paragraph 41.

42. Denies the allegations of paragraph 42.

43. Denies the allegations of paragraph 43, except admits that plaintiff sent an email

to defendant's secretary.

44. Admits the allegations of paragraph 44.

45. Denies the allegations of paragraph 45, except admits that the Access Hollywood

tape was reported on October 7, 2016 and refers to the tape referred to therein for the contents

thereof.

46. Denies the allegations of paragraph 46.

47. Denies the allegations of paragraph 47.

48. Denies the allegations of paragraph 48, except refers to the question and answer

referred to therein for the contents thereof.

49. Denies the allegations of paragraph 49.

50. Denies the allegations of paragraph 50.

51. Denies the allegations of paragraph 51.

52. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 52.

53. Denies the allegations of paragraph 53.

54. Denies the allegations of paragraph 54.

55. Denies the allegation of paragraph 55, except refers to the statements referred to

therein for the contents thereof.

56. Denies the allegations of paragraph 56, except refers to the statements referred to

therein for the contents thereof.

4 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

57. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 57.

58. Denies the allegations of paragraph 58.

59. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 59, except refers to the statements referred to therein for the contents

thereof.

60. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 60, except refers to the tweet referred to therein for the contents thereof.

61. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 61, except refers to the tweet referred to therein for the contents thereof.

62. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 62, except refers to the tweet referred to therein for the contents thereof.

63. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 63, except refers to the tweet referred to therein for the contents thereof.

64. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 64, except refers to the statements referred to therein for the contents

thereof.

65. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 65, except refers to the statements referred to therein for the contents

thereof.

66. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 66, except refers to the tweet referred to therein for the contents thereof.

5 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

67. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 67, except refers to the tweet referred to therein for the contents thereof.

68. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 68, except refers to the tweet referred to therein for the contents thereof.

69. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 69, except refers to the tweet referred to therein for the contents thereof.

70. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 70, except refers to the tweet referred to therein for the contents thereof.

71. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 71, except refers to the statements referred to therein for the contents

thereof.

72. Denies knowledge and information sufficient to form a belief regarding the

allegations in paragraph 72, except refers to the statements referred to therein for the contents

thereof.

73. In response to paragraph 73, refers to the statements referred to therein for the

contents thereof.

74. In response to paragraph 74, refers to the statements referred to therein for the

contents thereof.

75. Denies the allegations of paragraph 75.

76. Denies the allegations of paragraph 76.

77. Denies the allegations of paragraph 77.

78. Denies the allegations of paragraph 78.

79. Denies the allegations of paragraph 79.

6 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

80. Denies the allegations of paragraph 80.

81. Denies the allegations of paragraph 81.

82. Denies the allegations of paragraph 82.

83. Denies the allegations of paragraph 83.

CAUSE OF ACTION

(Defamation)

84. In response to paragraph 84, repeats and realleges his responses to paragraphs 1

through 83 of the Complaint as if fully set forth herein.

85. Denies the allegations of paragraph 85.

86. Denies the allegations of paragraph 86.

87. Denies the allegations of paragraph 87.

88. Denies the allegations of paragraph 88.

89. Denies the allegations of paragraph 89.

90. Denies the allegations of paragraph 90.

AFFIRMATIVE DEFENSES

First Affirmative Defense

91. Plaintiff's claim is barred because defendant is immune, under the Supremacy

Clause of the United States Constitution, from suit in state court while serving as President of the

United States.

Second Affirmative Defense

92. The Complaint fails to state a cause of action.

Third Affirmative Defense

93. The alleged defamatory statements are privileged or protected by one or more

immunities, including, but not limited to, under the Constitution of the United States.

7 of 8
FILED: NEW YORK COUNTY CLERK 05/22/2018 09:41 PM INDEX NO. 150522/2017
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 05/22/2018

Fourth Affirmative Defense

94. The alleged defamatory statements are true.

Fifth Affirmative Defense

95. Plaintiff's claim is barred because her damages, if any, were caused by acts of

third persons, for which defendant is not responsible.

Sixth Affirmative Defense

96. Plaintiff is not entitled to punitive damages as a matter of law.

Seventh Affirmative Defense

97. Plaintiff has not sufficiently alleged defamation per se.

Eighth Affirmative Defense

98. Plaintiff has failed to plead damages with the required specificity.

Ninth Affirmative Defense

99. Plaintiff's claim is barred by California's anti-SLAPP laws.

Dated: New York, New York

May 22, 2018

KASOWITZ BENSON TORRES LLP

By: /s/ Marc E. Kasowitz

Marc E. Kasowitz
Christine A. Montenegro
Paul J. Burgo

1633 Broadway
New York, New York 10019

(212) 506-1700

Attorneys for Defendant Donald J. Trump

8 of 8