Mayor Dawn Zimmer/HHA attorney demands Carmelo Garcia retract lawsuit

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A letter sent from attorney Thomas Abbate to Assemblyman Carmelo Garcia’s (D-33) attorney, Louis Zayas, yesterday is asking him to withdraw their “frivolous” lawsuit claiming conspiracy and breach of contract against Mayor Dawn Zimmer, Hoboken Housing Authority Chairwoman Dana Wefer and board Vice Chair David Mello.

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If the lawsuit is not withdrawn in the next 28 days, the plaintiffs will seek an unspecified amount of “appropriate monetary sanctions,” according to the three-page letter that was first posted by Hobokenhorse.com.

Abbate called the first Garcia lawsuit, filed last August and initially alleging “ethnic cleansing” against Zimmer, “a cheap publicity stunt” since he “undertook no action whatsoever to actually prosecute” the litigation.

Garcia was since fired as HHA executive director at a special meeting late this summer.

The initial lawsuit was dismissed without prejudice in Hudson County Superior Court on December 19.

A lawyer for the high-powered Teaneck firm Decotiis, FitzPatrick & Cole, Abbate essentially called the filing of the second lawsuit a desperation move by Zayas and Garcia, since the second suit is so similar to the second one it is “an abuse of the justice system” since “it defies logic for plaintiff to be simultaneously litigating two lawsuits against the same defendants, based upon the same facts and legal claims, in the same court.”

Furthermore, Abbate notes that discrimination and racketeering claims had been thrown out by Hudson County Superior Court Judge Lawrence Maron in the first Garcia lawsuit.

Zayas scoffed at the letter, saying it was clearly more bark than bite when he spoke to Hudson County View over the phone.

“Mr. Abbate’s letter is baseless without any legal support, let him put his money where his mouth is. Let him file to dismiss and we will prevail. If there was ever a case to show unlawful discrimination and unlawful retaliation based on a pattern of racketeering, this is the case. If there’s any motion to dismiss, we will respond and prevail,” he said.

Abbate did not return calls seeking comment from Hudson County View Tuesday afternoon.

4 COMMENTS

  1. This is the trash our taxes pay for. Meanwhile the Mayor proceeds in lawsuits in threatening terms and in the end loses and then blames the justices.

  2. I typically do not follow Hoboken politics however I know the players in question and whenever I come across stories like this is reminds me of children fighting over a new toy. I was born and raised in Hoboken and moved to Bergen County 15 years ago but I still love Hoboken. It’s funny how these newcomers walk into town and play political games to claim something that isn’t nor will it ever truly be theirs. For all of you “Johnny come latelies”, no matter how many elections you run for or how many lawyers you hire you will never be a Hobokenite nor will you ever know what it’s like to have Hoboken in your blood. All of these new comers come into Hoboken critizing true Hobokenites but at the same time they want the same city that made us who we are. What does that say about you? You may think you are better than we are but remember you did not came to Hoboken not because the PATH is 6 minutes from Manhattan but because you wanted to be associated with our style and image. Remember you may be a Hoboken listed on your W2 but you will never have Hoboken in your blood.

    • No one who has moved to Hoboken in the last 15 years wants to be anything like you. You sound incredibly rude

      And I hate to tell you, no one wants your style or image, they want a short PATH ride

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