Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3346-15
Claimant: Patricia Williams
Claimant's Attorney: Francis Kirk, Esq.
Attorney's Address: Law Firm of Tesser & Cohen, 946 Main Street, Hackensack, New Jersey 07601
Settlement Amount: $200,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel
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WHEREAS, a suit was instituted in the Law Division of the Superior Court of New Jersey, Essex Vicinage, captioned, Patricia Williams v. City of Newark, et al., DOCKET NO. ESX-L-3346-15, in which the plaintiff sought recovery of damages for inverse condemnation, as a result of the subsidence of her property as partially caused by the failure of a storm pipe underlying her property and allegedly under the care and ownership of the City of Newark; and
WHEREAS, a proposal has been made to resolve this litigation in its entirety by payment in the total amount of $200,000.00 (Two-Hundred Thousand Dollars and Zero Cents) ("Settlement Sum"), the transfer of any ownership interest by the City in any storm water pipe on Plaintiff's real property to Plaintiff, the subsequent transfer of Plaintiff's ownership of the real property to her lender by deed in lieu of foreclosure, and Plaintiff's acknowledgment that the City never had any ownership interest in the original storm pipe system that contributed to the subsidence of her real property; and
WHEREAS, on or about May 18, 2018, Plaintiff deeded her real property to her lender by way of deed in lieu of foreclosure; 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 Settlement Sum and execution of the proposed Settlement Agreement and Release.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERS...
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