Hoboken’s litigious environment where public, elected figures attempt to abuse the courts crying victimhood took one on the chin when Carmelo Garcia saw his second (amended) lawsuit dismissed against the Hoboken Housing Authority and its former chair.
Strikingly, the motion to see his amended civil lawsuit dismissed with its added civil rights claim was not opposed by Garcia’s attorney Louis Zayas.
The request by legal counsel, Thomas Abbate of Decotis, Fitzpatrick & Cole representing the Hoboken Housing Authority and its former chairman, Jake Stuiver saw no opposition at all and was approved by Hudson County Superior Court on December 19th.
Earlier this year, Hudson County Superior Court threw out Carmelo Garcia’s first civil complaint filing in its entirety. The exclusive MSV story on the findings being “offensive” and “insufficient” was first reported here last December.
The latest dismissal of Garcia’s second lawsuit comes as good news for the Hoboken Housing Authority which has been reportedly discovered in severe financial duress after former Executive Director Garcia saw his contract terminated in a 5-2 vote in a special meeting at City Hall last August.
A mob bordering on a full out riot and some say paid to show up by Garcia’s Old Guard allies (re: Beth Mason) attempted to interfere and halt the proceedings and did so successfully for a limited amount of time. An unplanned recess preceded by what MSV called “The Fracas” forestalled but couldn’t stop a vote on his eventual dismissal.
Earlier this year, Hudson County Superior Court threw out Garcia’s first “ethnic cleansing” lawsuit in its entirety. Garcia and his attorney then refiled the charges adding a civil rights claim.
The second amended lawsuit remains for the moment against the City of Hoboken, Mayor Zimmer and her husband. It’s likely to see a similar motion following the successful one by the HHA’s attorney.
The stakes for Garcia who has filed a third outstanding civil litigation against the City of Hoboken, Mayor Zimmer, the HHA and two of its commissioners, Chair Dana Wefer and HHA commissioner and City Councilman Dave Mello get higher. He =&4=& may face a countersuit for frivolous litigation.
Garcia has 28 days to withdraw his last outstanding civil complaint or possibly face “appropriate monetary sanctions.”
In a letter dated December 29th, counsel for the HHA Thomas Abbate joined an earlier letter from December 11th on behalf of Mayor Zimmer and the City of Hoboken demanding Garcia withdraw his frivolous litigation. The letter indicates representation on behalf of current HHA Chair Dana Wefer and HHA commissioner Dave Mello who is also an at-large City Councilman.
The letter disassembles Garcia’s last lawsuit stating it’s a regurgitation of his earlier claims dismissed and “despite his overheated and patently offensive rhetoric,” the plaintiff did not put forward “a single interrogatory” or issue “a single document request” or “take a single deposition” concluding his litigious filings are nothing more than “a cheap publicity stunt.”