A United States judge has rejected her defamation suit against him.
The unidentified man allegedly warned her not to publicize her purported sexual affair with Trump.
The lawsuit from Daniels, whose real name is Stephanie Clifford, asked for damages stemming from statements from Trump calling her a liar for claims that she was paid to keep quiet about their extramarital relationship before the 2016 election.
He called it a 'total con job'.
Adult film actress Stormy Daniels attends the opening of the adult entertainment fair "Venus" in Berlin, Germany, Thursday, Oct. 11, 2018.
Avenatti filed a notice of appeal Monday evening in Daniels' defamation case against Trump.
"The First Amendment (of the US Constitution) protects this type of rhetorical statement".
Otero presides over both lawsuits.
"In making the statement, Mr. Trump used his national and global audience of millions of people to make a false factual statement to denigrate and attack Ms. Clifford", stated the original April 30 defamation filing in New York Supreme Court by Daniels lawyer Michael Avenatti after Trump let off on social media. "The amount of the award for President Trump's attorneys' fees will be determined at a later date".
Daniels' lawsuit over a hush-money deal is pending.
She later released a sketch of that man, which Trump posted on Twitter alongside a photo of Daniels' ex-husband.
Daniels has said she had sex once with Trump in 2006, and carried on a friendship with him for about a year.
With that, and other legal battles between Trump and Daniels in other jurisdictions still on-going and not at all hampered by today's ruling, it became a showdown between the lawyers.
In April, she worked with a forensic artist to create a sketch of the man, who she said told her to leave Trump alone and suggested that something bad could happen to her. Trump responded by tweeting: "A sketch years later about a nonexistent man". Avenatti has said he wants to keep the case alive.
'She has reviewed, Jake, a number of photographs over the last few weeks, couple weeks, actually and we've narrowed it down, ' the lawyer said.
Still, Daniels doesn't see herself as "anybody's hero", The Cut writes.
Tapper asked why Avenatti and Daniels wanted the public's help if they already narrowed it down.