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A panel of justices from the New York State Supreme Court’s Appellate Division ruled against dismissing Attorney General Eric Schneiderman’s $40 million lawsuit against Donald Trump’s now-defunct Trump University.

According to the New York Times, the court decided that Schneiderman, who in 2013 filed a lawsuit accusing Trump University (later the Trump Entrepreneur Initiative) defrauding students of thousands of dollars, was authorized to pursue the case. Trump’s lawyers had argued that the statute of limitations for the claim had passed.

“We look forward to demonstrating in a court of law that Donald Trump and his sham for-profit college defrauded more than 5,000 consumers out of millions of dollars,” Schneiderman said in a statement Tuesday. Trump’s lawyer, Jeffrey Goldman, called the decision “intellectually dishonest.”

The suit alleges that Trump University ignored multiple warnings from the state’s Department of Education that it was violating state law by calling itself a “University” without being a licensed educational institution. Also, students were allegedly told that Donald Trump himself would make an appearance, but only ever got to take photographs with a life-size cardboard cutout.

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