Title
Dept./ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-8147-17
Claimant: Joseph Environmental, LLC
Claimant's Attorney: Robert A. Jones, Esq.
Attorney's Address: Law Offices of Robert A. Jones, 354 Eisenhower Parkway, Suite 1800, Livingston, New Jersey 07039
Settlement Amount: $287,500.00
Funding Source: Insurance Trust Fund
Additional Comments:
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WHEREAS, Plaintiff, Joseph Environmental, LLC, instituted a suit in the Superior Court of New Jersey, captioned Joseph Environmental, LLC v. City of Newark, Docket No. ESX-L-8147-17, in which the plaintiff sought recovery for damages allegedly sustained in 2016, 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 Two Hundred Eighty-Seven Thousand Five Hundred Dollars and Zero Cents ($287,500.00) ("Settlement Sum") and execution of a Settlement Agreement and Release; and
WHEREAS, to avoid the costly expense of litigation, the Parties and the City's Corporation Counsel desire to amicably resolve this matter with payment by the City of Newark of the Settlement Sum, in exchange for Plaintiff's execution of the Settlement Agreement and Release (attached) as a full and complete release of the matter; and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances presented, deems it is in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement Sum and execution of the Settlement Agreement and Release.
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, execute and accept the terms of the Settl...
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