Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-9894-11
Claimant: Dante Cespedes and Judy Breton
Claimant's Attorney: William Ricigliano, Esq.
Attorney's Address: 18 Grand Street, Paterson, New Jersey 07505
Settlement Amount: $125,000.00
Funding Source: General Liability Fund
Additional Comments:
Invitation: Corporation Counsel, June 4, 2014
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WHEREAS, a suit was instituted in the Superior Court of New Jersey, County of Essex captioned Dante Cespedes/Judy Breton v. City of Newark, Docket No. ESX-L-9894-11, in which the plaintiffs sought recovery for personal injury, as a result of a motor vehicle accident on January 31, 2011 by the City of Newark, and its employee Bennie Williams; and
WHEREAS, it has been determined that the plaintiffs were injured and a proposal has been made to resolve said litigation by payment in the total amount of One Hundred Twenty-Five Thousand Dollars , ($125,000.00); and
WHEREAS, the Corporation Counsel based upon all facts and circumstances deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE 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 execute and accept the terms of the Settlement Agreement and Release, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Acting Director of Finance is hereby authorized and directed to issue one (1) check in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000.00) made payable to Dante Cespedes/Judy Breton and their attorney William Ricigliano, Esq., 18 Grand Street, Paterson, New Jersey 07505.
3. Annexed hereto is the Certification of Funds issued by the Acting Director of Finance, City of Newark, which states that there are sufficient legally appropriated funds available from Fund 025, Agency 25t, Orgn 5t25, Object 96320 in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000.00). 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.
4. A fully executed copy of the Settlement Agreement and Release shall be filed in the Office of the City Clerk by the Corporation Counsel.
5. This Resolution shall be effective upon adoption in accordance with applicable State Law.
STATEMENT
This resolution hereby authorizes the Corporation Counsel on behalf of the City of Newark to enter into and execute a Settlement Agreement and Release to settle civil litigation captioned Dante Cespedes/Judy Breton v. City of Newark, Superior Court of New Jersey, Docket No.: ESX-L-9894-11, in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000.00), in exchange for Plaintiffs' dismissal of any and all claims against the City of Newark, and a complete release.