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Title:
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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-2637-17
Claimant: Joseph E. Tutela III
Claimant's Attorney: Robert J. De Groot, Esq.
Settlement Amount: $120,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Deferred 7R6-a 110724
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...Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-2637-17
Claimant: Joseph E. Tutela III
Claimant's Attorney: Robert J. De Groot, Esq.
Settlement Amount: $120,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Deferred 7R6-a 110724
...body
WHEREAS, Joseph E. Tutela III, instituted a suit in the Superior Court of New Jersey, captioned Joseph E. Tutela III v. City of Newark, et al, ("City Defendants") Docket No. ESX-L-2637-17 in which the plaintiff sought recovery for damages allegedly sustained on February 27, 2015, as a result of the alleged actions and omissions of the City of Newark and/or its agents; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00) ("Settlement Sum"); and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances presented, deems it in the best interest of the City Defendants 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 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 Director of Finance is hereby authorized and directed to issue payment in the amount of One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00), which payment will be made payable to "Joseph E. Tutella III and Law Offices of Robert J. De Groot, Esq." which payment shall be mailed to The Law Offices of Robert J. De Groot, Esq., 60 Park Place, Unit 105, Newark, New Jersey 07102.
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. ID 25T, Division. Project 5T25 and Account #96320, in the amount of One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00) 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 Corporation Counsel shall file a fully executed copy of the Settlement Agreement in the Office of the City Clerk.
STATEMENT
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark and other Defendants to enter into a Settlement Agreement and Release to settle civil litigation captioned, Joseph E. Tutela III v. City of Newark, et al. ("City Defendants") Docket No. ESX-L-2637-17, in the amount of One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00), in exchange for Plaintiff's dismissal of any and all claims against the City of Newark and its employees, and a complete release.