Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-5254-14
Claimant: Pantaleo Electric, Inc.
Claimant's Attorney: Gregory F. Kotchick, Esq.
Attorney's Address: Durkin & Durkin, LLP., 1120 Bloomfield Avenue, P.O. Box 1289, West Caldwell, New Jersey 07007-9452
Settlement Amount: $30,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, December 6, 2016.
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WHEREAS, a suit was instituted in the Law Division of the Superior Court of New Jersey, Essex Vicinage, captioned, Pantaleo Electric v. English Paving et al., Docket No. ESX-L-5254-14, in which the plaintiff sought recovery of damages for breach of contract and under the Municipal Mechanics Lien Law, for a failure to pay $97,500.00, for services rendered as of December 17, 2013, as a result of the alleged actions of City of Newark employees and employees of English Paving; and
WHEREAS, a proposal has been made to resolve this litigation in its entirety by payment in the total amount of $30,000.00 (Thirty Thousand Dollars and Zero Cents) ("Settlement Sum") and execution of the Settlement Agreement and Release ("Agreement") (attached); 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 Sum and execution of the Agreement.
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 Director of Finance is hereby authorized and directed to issue payment in the amount of Thirty Thousand Dollars and Zero Ce...
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