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Assault Lawsuit Against Egypt Consul in NY Is Dismissed For Failure To Prosecute in SDNY

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 1 – Ma Saw Win sued the Consulate General of Egypt and Dalia Elkomy for assault and battery and harassment.

But then, apparently, the case was not pursued.

  On December 1, U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan held a proceeding. Inner City Press covered it.  

Ma Saw Win's lawyer Jonathan Silver of Kew Gardens, Queens, however did not appear. Judge Kaplan's deputy called Silver but got no answer. (He noted that since the Press had called in, clearly the phone number was correctly listed on PACER - true.)  

Judge Kaplan noted that the case had languished for nearly two years -- despite having a 2020 docket number, it was filed in April 2019 in the EDNY.

He said it is possible, too, that diplomatic immunity and/or sovereign impunity applies. But to his credit he said he was not, in dismissing the case, addressing or prejudging the immunity issue, and that Ma Saw Win is free to try again.

The case is Win v. Elkomy, 20-cv-3671 (Kaplan).


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