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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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