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Family of slain NYC bodega attacker plans to sue store in Jose Alba case
NY Post ^

Posted on 09/24/2022 7:19:14 AM PDT by TigerClaws

The family of the man who was killed after he attacked Manhattan bodega worker Jose Alba has lawyered-up — and notified the store that they plan to sue over the deadly incident, The Post has learned.

David Simon – whose brother Austin Simon was stabbed July 1 by Alba in self-defense — has hired an attorney as he prepares to file suit against the Blue Moon convenience store in Hamilton Heights.

We intend to make a claim for damages as a result of the injuries sustained by our client,” David’s attorney, Kathleen Beatty, wrote in an Aug. 22 letter to the store, obtained by The Post on Tuesday.

Austin, 35, was killed “due to negligence in the ownership, security, hiring of employees, retention of employees, training of employees, and management of your premises,” the letter claims.

Beatty notified the bodega to “preserve” evidence including surveillance videos, witness information and incident reports. She also asked for information about the store’s insurance coverage.

But Francisco Marte, the head of a bodega association that has been helping Alba, claims Blue Moon Convenience wasn’t insured at the time of the incident — so there isn’t money to go after.

“The family is just pushing to see if they can get money from the store owner,” Marte told The Post. “This is a shakedown.”

(Excerpt) Read more at nypost.com ...


TOPICS: Business/Economy; Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: 2timothy3verses1to7; bluemoon; bodega; daniel12verse10; lawfare; newyork; nyc; romans1verses18to22; selfdefense
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To: William of Barsoom

It’s a Bodega not Neiman Marcus. If someone wins a judgement the payoff will be in 6 Twinkies. If the Bodega owners are connected payment might be 6 bullets.


21 posted on 09/24/2022 7:51:54 AM PDT by hflynn ( )
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To: TigerClaws
They get mad at people for defending themselves.

There was a recent thread about some 14 year old black kid that ran out into traffic, and his family won a multi-million $$$ settlement from a sheriff’s deputy that kicked the little bastid out of a fair for being disruptive.

22 posted on 09/24/2022 7:53:32 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: gundog

Saw that.

It’s the Moron Lottery. Fight with the police or do something illegal and stupid = profit.


23 posted on 09/24/2022 7:55:37 AM PDT by TigerClaws
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To: KevinB
Truly frivolous suits are typically resolved fairly quickly through dismissals or summary judgments.

and in those cases the filer should pay ... dearly ...
24 posted on 09/24/2022 7:56:15 AM PDT by bankwalker (Repeal the 19th ...)
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To: TigerClaws

After this, how long until the crying begins because nobody is willing to sell food there anymore?

The community needs to shut this guy down if they want to have people selling food there.


25 posted on 09/24/2022 7:57:10 AM PDT by Principled (Biden is illegitimate and whatever he says can be ignored. )
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To: Fai Mao

Agree. Civil damages for intentional assault.


26 posted on 09/24/2022 8:03:15 AM PDT by sauropod (Unbelief has nothing to say. Chance favors the prepared mind.)
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To: TigerClaws

Should’ve listened to Shakespeare.


27 posted on 09/24/2022 8:07:19 AM PDT by robel
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To: KevinB

Suspect champerty. Some Soros-like demolition Democrat.


28 posted on 09/24/2022 8:08:52 AM PDT by dasboot (Nuanced foreign relations is the germ of international misunderstanding. )
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To: Skywise

“Time to start counter suing these families for the crimes their vibrant children create”

I don’t think you can garnish their food stamps.


29 posted on 09/24/2022 8:20:50 AM PDT by TexasGator ( Gator in Florida)
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To: TigerClaws

Bodega worker should counter sue them for raising such a dangerous criminal!


30 posted on 09/24/2022 8:26:20 AM PDT by Bob434 (question)
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To: TigerClaws

There was a time when this would be thrown out as a frivolous law suit and the people who filed it charged with contempt of the court if they persisted.


31 posted on 09/24/2022 8:35:44 AM PDT by Sequoyah101 (Politicians are only marginally good at one thing, being politicians. Otherwise they are fools.)
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To: sauropod

They still voted for FDR, HST, JFK, RFK, LBJ, and any other SOB that promised them something for nothing!


32 posted on 09/24/2022 8:44:12 AM PDT by Fai Mao (Stop feeding the beast, and steal its food!)
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To: TigerClaws

***. He didndu nuffin! ***

And he ain’t duin nuffin.

He’s at a barbecue, long term.


33 posted on 09/24/2022 8:49:49 AM PDT by Surrounded_too
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To: TigerClaws

Absolute insanity.


34 posted on 09/24/2022 8:49:53 AM PDT by Fido969 (45 is Superman! )
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To: Fai Mao

Countersue them for what, exactly?

Lawyers for Trump are threatened with disbarment, while these legal criminals get awards and fat paydays.


35 posted on 09/24/2022 8:51:06 AM PDT by Fido969 (45 is Superman! )
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To: TigerClaws

Illegal Haitians fighting it out with illegal Dominicans. /spit


36 posted on 09/24/2022 8:52:56 AM PDT by Flavious_Maximus (Tony Fauci: You had one job and you failed!)
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To: TigerClaws

Meanwhile that stabby girlfriend has not been charged or even named, as far as I know.


37 posted on 09/24/2022 9:01:14 AM PDT by lee martell ( )
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To: Fai Mao

I know he can countersue th fmily for damages and stress and attempted murder and robbery by their family member. If the family can sue him for crap reasons, he can countersue for legitimate reasons.


38 posted on 09/24/2022 9:11:12 AM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: TigerClaws
David Simon – whose brother Austin Simon was stabbed July 1 by Alba in self-defense — has hired an attorney

If word gets on the street this fellow had a payday, or an advance on a payday, you can guarantee a home invasion by some of the local brothers.

39 posted on 09/24/2022 9:12:18 AM PDT by Fido969 (45 is Superman! )
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To: TigerClaws

I would countersue the family for raising vermin


40 posted on 09/24/2022 9:25:10 AM PDT by TexasFreeper2009
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