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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.

Daniel Penny has called for the lawsuit against him filed by Jordan Neely’s father to be dismissed. Getty Images
Neely’s father filed the suit against Penny late last year. Gregory P. Mango
Penny was acquitted in criminal court in Neely’s death. Juan Vazquez

Penny’s attorney Steven Raiser, who helped represent him in his criminal trial, says that any “injures 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.

Representatives and attorneys for Penny and Neely did not immediately respond to requests for comment.

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