Billionaire developer Donald Trump, right, waits with his brother Robert for the start of a Casino Control Commission meeting…
FILE - Billionaire developer Donald Trump, right, waits with his brother Robert for a meeting in Atlantic City, N.J., March 29, 1990.

A New York City judge on Thursday dismissed a claim by Donald Trump's brother that sought to halt the publication of a tell-all book by the president's niece, saying the court lacked jurisdiction in the case.  

Surrogates Court Judge Peter Kelly said the claims were not appropriate for his court, where disputes over estate matters are settled.  

The motion filed earlier this week sought an injunction to prevent Mary Trump and the book's publisher, Simon & Schuster, from releasing it, as scheduled, in July. 

Mary Trump is the daughter of Fred Trump Jr., the president's elder brother, who died in 1981. An online description of her book, "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man," says it reveals "a nightmare of traumas, destructive relationships, and a tragic combination of neglect and abuse." 

Robert Trump's lawyers filed court papers arguing that Mary Trump and others had signed a settlement agreement that would prohibit her from writing the book. The settlement decades ago included a confidentially clause explicitly saying they would not "publish any account concerning the litigation or their relationship," unless they all agreed.  

The agreement related to the will of Donald Trump's father, New York real estate developer Fred Trump. 

Mary Trump's attorney, Ted Boutrous Jr., said the court was correct in its decision.  

"We hope this decision will end the matter. Democracy thrives on the free exchange of ideas, and neither this court nor any other has authority to violate the Constitution by imposing a prior restraint on core political speech," he said in a statement.  

The White House did not have an immediate comment Thursday. 

A spokesman for Simon & Schuster said in a statement that the publishing house was "delighted" with the decision.