New York County Supreme Court Judge Cynthia Kern made the decision at a hearing Tuesday, though it remains unclear whether the case will be weighed at a jury trial – which is what Trump’s team is seeking. Trump attorney Jeffrey Goldman said it’s possible the trial could be held this fall, and Trump could testify.

In the case, New York Attorney General Eric Schneiderman, a Democrat, has accused Trump and others of misleading thousands of students over the school.

Schneiderman alleges that Trump University was unlicensed since it began operating in 2005 and promised lessons with real estate experts hand-picked by Trump, only one of whom had ever met him. The attorney general said the school used “bait-and-switch” tactics, inducing students to enroll in increasingly expensive seminars.

Trump has denied any wrongdoing. He has said it was “a terrific school” with 98 percent approval ratings by its students.

more