New York state Judge Saliann Scarpulla on Friday rejected President Donald Trump’s bid to dismiss a lawsuit alleging that the Donald J. Trump Foundation has, for years, conducted business illegally and abusively, including misuse of charitable assets and self dealing.

The lawsuit was brought by New York Attorney General Barbara Underwood.

Trump sought to have the lawsuit dropped because he claimed that the court has no jurisdiction over him and that the transactions supporting the claims in the petition are barred by the statute of limitations. Trump’s lawyers also argued that a sitting president cannot be sued under US Const. art VI section 2.

The judge held that based on the US Supreme Court ruling in Clinton v. Jones, the president of the US is subject to lawsuits for his purely private acts, and on this basis the lawsuit can proceed.