Monday, March 10, 2014

Carmelo Garcia survives having complaint thrown out of court

Threadbare allegation of a "veiled threat" salvages Carmelo Garcia's entire civil lawsuit being thrown out of court

In a surprise, the Hudson County Superior Court decision did not as anticipated by court observers toss out the entire complaint from Carmelo Garcia and "ethnic cleansing" attorney Louis Zayas.

Similar to the first, all the claims were thrown out of court but one sustained "threat" to the right to "free speech and political affiliation."

Carmelo Garcia, his amended lawsuit barely survives being
thrown out of court outright on a single allegation so he gets to sue
the HHA and City of Hoboken while pulling down a contracted
salary of $165,000.

The Court recognized the defendants, Mayor Dawn Zimmer and former HHA Chair may not even hold different political affiliation but stated even a "veiled threat" alleged in the complaint means that as all the other claims are thrown out, the case narrowly is allowed to survive, albeit on the most threadbare of allegations.

The civil complaint now moves into a year long plus discovery period meaning the case will generate huge legal fees for well over a year and add substantial costs to both the Hoboken Housing Authority and the City of Hoboken taxpayers.

At the hearing, Louis Zayas ramped up wilder and wilder allegations claiming Garcia "is harassed every single day" as the preliminary findings stated the complaint failed to show merit.

Zayas argued that a "threat" is sufficient to salvage a claim keeping the entire lawsuit from being tossed while Gerald Krovatin representing the mayor and City of Hoboken countered saying "nothing here has deterred Carmelo Garcia," who continues to speak loudly against the Mayor and her council allies while holding his same lucrative contract at the housing authority paying $165,000 annually.

But the Court said the single item without evidence but merely alleged was sufficient to salvage the civil complaint.

From the legal opinion:









The entire complaint by Carmelo Garcia and Louis Zayas survives being thrown out of court outright on the slimmest of legal margins and Garcia will be able to continue his civil lawsuit suing Hoboken and the HHA on a single count of a "veiled threat."

You wonder why Hoboken's legal bills are so high?

Talking Ed Note: Let's state plainly what this civil case was - attempted political extortion. Since Mayor Dawn Zimmer refused to stand down in her fiduciary duty surrounding the undocumented Vision 20/20 plan, Carmelo Garcia with attorney Louis Zayas went for big, ugly media headlines yelling "ethnic cleansing" with the idea of doing harm to the Mayor and her council slate in last November's election.

That plan failed.

Now it's the Hoboken Housing Authority Board's turn to stand up to Carmelo Garcia's attempted extortion in the face of a flimsy lawsuit. They need to protect their rights as a board not unlike when the City Council took the reins back of the appointing powers to the Hoboken Zoning Board.