Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-8807-14
Claimant: Quality Healthcare, Inc.
Claimant's Attorney: Michael S. Horn, Esq., Archer & Greiner, P.C.
Attorney's Address: Court Plaza South, West Wing, 21 Main Street, Suite 353, Hackensack, New Jersey 07601
Settlement Amount: $150,000.00
Funding Source: Insurance Fund Trust
Additional Comments:
Invitation: Corporation Counsel, October 18, 2016
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WHEREAS, Plaintiff Quality Healthcare, Inc., instituted a suit in Essex County Superior Court captioned Quality Healthcare, Inc. v. City of Newark, Docket No. ESX-L-8807-14, in which Plaintiff sought recovery for alleged breach of contract, conversion and unjust enrichment stemming from Plaintiff's alleged agreement to provide nursing services to the City of Newark's Department of Health and Community Wellness; and
WHEREAS, it has been determined that Plaintiff sustained damages, and a proposal has been made to resolve this litigation in its entirety by payment to the Plaintiff in the total amount of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) ("Settlement Sum"); and
WHEREAS, the Corporation Counsel based upon all facts and circumstances presented, including the cost, expense, delay and uncertainty of litigation, deems it is in the best interest of the City of Newark to resolve this 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 $150,000.00 (One Hundred Fifty Thousan...
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