Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3719-14
Claimant: Veronica Brown
Claimant's Attorney: Joel Rachmiel, Esq.
Attorney's Address: Joel Rachmiel, Attorney at Law, 99 Morris Avenue, Springfield, New Jersey 07081
Settlement Amount: $60,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, March 14, 2017
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WHERAS, Plaintiff, Veronica Brown, instituted a suit in the Essex County Court, captioned Veronica Brown v. City of Newark, Docket No. ESX-L-3719-14, in which the plaintiff sought recovery for damages allegedly sustained on or about June 2, 2014, as a result of the alleged actions of the City of Newark; and
WHEREAS, a settlement proposal has been made to resolve this litigation, in its entirety, by payment in the total amount of Sixty Thousand Dollars and Zero Cents ($60,000.00) (“Settlement Sum”); and
WHEREAS, the Acting Corporation Counsel, based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement Sum.
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Acting Corporation Counsel is hereby authorized on behalf of the City of Newark to execute and accept the terms of the Settlement Agreement and Release, Attached hereto.
2. Upon receipt by the Acting Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $60,000.00 (Sixty Thousand Dollars and Zero Cents), which payment will be made jointly payable to “Veronica Brown” and Joel Rachmiel, Esq. and which payment will be mailed to Joel Rachmiel, Attorney at Law, 99 Morris Avenue, Springfield, New Jersey 007081.
3. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriate funds from Business Unit NW025, Dept. 25T, Division/Project 5T25 and Account #96340, in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00) 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 Acting Corporation Counsel shall 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.
STATEMENT
This Resolution authorizes the Acting Corporation Counsel, on behalf of the City of Newark, to enter into a Settlement Agreement and Release to settle civil litigation captioned Veronica Brown v. City of Newark, Docket No. ESX-L-3719-14, in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00), in exchange for Plaintiff’s dismissal of any and all claims against the City of Newark and its employees, and a complete release.