If the lawsuit is not withdrawn in the next 28 days, the plaintiffs will seek an unspecified amount of “appropriate monetary sanctions,” according to the three-page letter that was first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