| Lawsuit
Against NYC Not Disclosed In Bankruptcy So
Dismissed But No Estoppel
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
April 29 – Yasmin Garcia was
working at the NYC Department
of Health and Mental Hygiene,
"provided" by Winston
Resources, when she was fired.
She
believed it was retaliation
for her complaining about
abuse by another employee, so
she sued.
On April
29, U.S. District Court for
the Southern District of New
York Judge John G. Koeltl held
a proceeding. Inner City Press
covered it.
Garcia, it
emerged, had filed for
bankruptcy, but neglected to
disclose this claim she has
and had from the firing. Now
there was not only a motion to
dismiss, but also for judicial
estoppel to stop her from
suing on it again.
Judge
Koeltl said, sensibly, that if
he find standing, he couldn't
very well go beyond that and
also bar the plaintiff from
suing again.
So he didn't,
instead only dismissing and
standing while noting that no
defenses have been waived.
The case is
Garcia v. NYC Department of
Health and Mental Hygiene et
al., 20-cv-8604 (Koeltl)
***
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