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In December, as a jury began deliberating the fate of New York subway hero Daniel Penny, beloved Michael Jackson impersonator Jordan Neely’s absentee father crawled out of the woodwork and announced he was filing a lawsuit against Penny. Funny how he was never available to help his son when he was homeless.

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As the New York Post reported at the time, “The suit, filed in New York Supreme Court on Wednesday, accuses the Long Island Marine veteran of negligent contact, assault and battery that caused injuries and Neely’s death last year.” Neely’s absentee father, Andre Zachary, was seeking damages in the lawsuit.

Now the New York Post is reporting that Penny, who was acquitted of criminally negligent homicide, is demanding the dismissal of Zachary’s lawsuit.

The Post reports:

Daniel Penny says a lawsuit filed by Jordan Neely’s father should be dismissed outright, according to a new filing by his attorneys.

On Monday, Penny submitted a reply to the civil suit filed last year in Manhattan Supreme Court just before his December acquittal in criminal court over the subway death of Neely, and argued that Penny is not culpable for any civil damages.

Penny’s attorney Steven Raiser, who helped represent him in his criminal trial, says that any “injuries or damages” suffered by Neely’s dad, Andre Zachery, “were caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff,” the filing reads.

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Neely’s father shipped him off to the foster care system as a teen after his mother was murdered by her boyfriend. But now he claims he “misses” his son. This is nothing but a cash grab.

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