Mayor Adams’ attorneys are requesting {that a} civil lawsuit accusing him of sexual assault be dismissed on the idea that the lady who filed it’s in chapter proceedings.
Citing case regulation holding that people in chapter instances lose “standing” to personally convey civil fits, the attorneys wrote that the presiding choose ought to promptly schedule a listening to on dismissing Seaside-Mathura’s swimsuit outright. They argued any civil swimsuit by a person in chapter have to be introduced by the particular person’s “estate,” a short lived possession construction meant to provide extra say to collectors who’re owed cash.
“Plaintiff lost her capacity to sue when she filed her Bankruptcy Petition nearly five months,” Adams’ attorneys wrote.
Seaside-Mathura’s lawyer didn’t instantly return a request for touch upon the dismissal request.
Seaside-Mathura declared private chapter in her residence state of Florida this previous Sept. 11, revealing she owes practically $333,000 to varied collectors, together with banks and hospitals.
Seaside-Mathura, who’s in search of some $5 million in damages over the alleged assault, says in her swimsuit that Adams tried to drive her to carry out oral intercourse on him in a parked automotive in 1993 whereas they each labored for the town’s since-defunct Transit Police company. When she refused his overture, she alleges he masturbated and ejaculated on her leg.
Adams has vehemently denied the accusations and says he can’t recall ever assembly Seaside-Mathura, who first filed her swimsuit in March 2024.
Mayor Eric Adams speaks throughout press availability within the Blue Room in Metropolis Corridor Tuesday, Jan. 7, 2025 in Manhattan, New York. (Barry Williams/ New York Day by day Information)
In accordance with court docket papers filed earlier this week, Seaside-Mathura, Adams and the NYPD, which can also be named as a defendant in her motion, have agreed to increase discovery on the sexual assault declare via June 20. If that timeline stays in place, it could imply the case will proceed previous the mayor’s scheduled Manhattan Federal Courtroom trial in April on corruption fees, to which he has pleaded not responsible.
Seaside-Mathura lately sat for a deposition within the sexual assault case, although no particulars from that interview have been publicly disclosed so far.
“We’re still waiting on basic discovery production, like employment records,” Goddard stated, referring to paperwork she’s in search of from the town detailing the Transit Police work historical past of her shopper and Adams.
A Regulation Division spokesman stated the employment data are proving exhausting to find as they’re from over 30 years in the past and produced by Transit Police, an company that now not exists because it was merged with the NYPD within the mid-Nineties.
