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May 19, 2016 09:35 AM EDT

Trump University lawsuit will face the highest court in New York after earning the rights to argue the fraud lawsuit filed by its students.

A lawsuit to Donald Trump's school was filed, accusing Trump University has misled thousands of its students using 'illicit scheme' in $35,000 programs. And it is heading to the state's highest court.

Now, it is in the hand of state's highest court to decide if the case will be dismissed or led to penalties. In the lawsuit, the restitution seeks more than $40 million - requiring Trump University to pay its students, New York Post confirmed.

Trump Organization attorney, Alan Garten said that the presumptive Republican nominee will look forward to the decision and appear in Court of Appeals if necessary. However, the general counsel denied on the wrongdoings, describing them as 'baseless without merit'. According to his database, the for-profit university programs received positive feedbacks from students, as many of the participants, gave high ratings.

In response to the ruling, New York Attorney General Eric Shneiderman said that it will be no surprise if Trump will use all legal options to avoid trial.

Similar claims made by Trump University students are still in pending status in California but one claim will be on trial on Nov. 28. This also means that trials are unlikely to be completed before the election month. According to Gary Spencer, spokesman of the court, it normally takes one year in average for a case to proceed- from an appeal to oral arguments.

Looking to the Trump University lawsuit, it can be traced back in August 2013 when a lawsuit filed by Schneiderman's team stating that there were 5,000 students complaints, as reported by the Reuters. These academics who paid $35,000 for Trump seminars were expecting to meet the billionaire. The university delivered lessons from Trump himself. However, they only got images of the real estate guru in life-size photos.

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