U.S. District Judge Robert Sweet is scheduled to hear arguments Wednesday.
He'll rule at a later date whether his August decision can be immediately taken to the 2nd U.S. Circuit Court of Appeals.
Sweet concluded that the proverbial casting couch, in which women are asked to trade sex for Hollywood opportunities, could be considered a "commercial sex act."
Weinstein's lawyers say nothing of value was exchanged between an actress and Weinstein in 2014 when they watched her demo reel in a Cannes, France, hotel room. The actress said Weinstein later molested her.
Weinstein denies wrongdoing.