Denson v Donald J. Trump for President, Inc.

Holding The Appellate Division reversed the lower court’s grant of summary judgment dismissing the plaintiff’s retaliation claim, finding that the defendant’s arbitration filing raised triable issues of fact regarding whether the action was pretextual. The court determined that inconsistencies in the defendant’s stated reasons and the arbitrary nature of the damages demand allowed a jury to conclude the arbitration was motivated by retaliatory animus.

The court’s words

Mr. Glassner could not describe how he distinguished between legitimate and illegitimate allegations for purposes of enforcing the NDA

2026 NY Slip Op 06197, at the official text

This testimony raises factual questions about whether the Campaign selected $1.5 million in damages arbitrarily to unlawfully silence plaintiff

2026 NY Slip Op 06197, at the official text

These lawsuits, together with the foregoing evidence, could lead a jury to conclude that enforcement of the NDA was merely pretext

2026 NY Slip Op 06197, at the official text