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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No: ESX-L-001530-18
Claimant: Juliet Ezeigbo
Claimant’s Attorney: Silvia Gerges, Esq., of Lawrence and Gerges, LLC, 242 Washington Avenue, Suite E1, Nutley, New Jersey 07110
Settlement Amount: $136,000.00
Funding Source: City of Newark Insurance Trust Fund/Law Department/Business Unit: 025, Dept. ID 25T, Division/Project 7T25, Account #96340, Budget Ref. B2024
Additional Comments:
Deferred 7R6-c 071024
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WHEREAS, Plaintiff, Juliet Ezeigbo, instituted a suit in the Superior Court of New Jersey captioned, Juliet Ezeigbo v. City of Newark, et al, Docket No. ESX-L-001530-18, in which the plaintiff sought recovery for damages allegedly sustained during a nine-month period from 2016 to 2017 as a result of the alleged actions or omissions of the City of Newark and/or its agents, officers and employees; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of One Hundred Thirty-Six Thousand Dollars and Zero Cents ($136,000.00).
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel is hereby authorized on behalf of the City of Newark to enter into and execute the attached Settlement Agreement and Release.
2. Upon receipt of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of One Hundred Thirty-Six Thousand Dollars and Zero Cents ($136,000.00), which payment will be made payable to “Lawrence & Gerges, LLC, in trust for Juliet Ezeigbo” and mailed to Lawrence & Gerges, LLC, 242 Washington Avenue, Suite E1, Nutley, New Jersey 07110.
3. Annexed hereto is the Certification of Funds issued by the Director of Finance of the City of Newark which states that sufficient funds are available in the following account: Business Unit NW025, Dept. ID 25T, Division/Project 7T25 and Account #96340, B2024 for the purpose set forth herein.
4. A copy of the Comptroller’s Certification shall be filed in the Office of the City Clerk along with this resolution by the Corporation Counsel.
5. The Corporation Counsel shall also file a fully executed copy of the Settlement Agreement in the Office of the City Clerk.
6. This resolution shall be effective upon adoption in accordance with applicable State Law.
7. Neither the Settlement Agreement and Release nor this Resolution admits, nor should either be construed as an admission of liability or violation of any law, statute or regulation, or a breach of any duty by the City of Newark, and/or its agents, officers, or employees whatsoever. The Settlement Agreement and Release is being entered into based upon recommendations of the Corporation Counsel and is intended to eliminate all risks of future litigation and the attendant costs.
STATEMENT
This Resolution authorizes Corporation Counsel, on behalf of the City Defendants to enter into a Settlement Agreement and Release in settlement of civil litigation captioned, Juliet Ezeigbo v. City of Newark, et al. (“City Defendants”) Docket No. ESX-L-001530-18, in the amount of One Hundred Thirty-Six Thousand Dollars and Zero Cents ($136,000.00), in exchange for Plaintiff’s dismissal of any and all claims against the City of Newark and/or its agents, officers, and employees, and it constitutes a complete release.