The father of the victim at the center of the fatal New York City subway chokehold trial has sued the defendant as a Manhattan jury continues to deliberate the case Thursday.Jordan Neely’s father, Andre Zachary, filed the suit Wednesday against Marine veteran Daniel Penny in New York Supreme Court.He accuses the Long Island native of negligence, assault and battery, which led to the death of his unarmed, 30-year-old son on May 1, 2023, on an underground train.The then-24-year-old Penny placed Neely in a chokehold for about six minutes after Neely, who was homeless, began shouting and acting erratically on the crowded train.Zachary is seeking a judgment awarding damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction,” according to the lawsuit.Penny’s lawyer Steven Raiser dismissed the suit as a distraction.“The timing is unfortunate as Danny is awaiting a verdict from the jury …