File #: 16-1538    Version: 1 Name: Civil Litigation Settlement - Zdenka Simkova
Type: Resolution Status: Adopted
File created: 9/30/2016 In control: Law
On agenda: 12/7/2016 Final action: 12/7/2016
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: 13-cv-1264 (KSH) Claimant: Zdenka Simkova Claimant's Attorney: Fishbeyn & Briskin, LLC. Attorney's Address: PO Box 489, Hillsdale, New Jersey 07642 Settlement Amount: $80,000.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Corporation Counsel, December 6, 2016
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: 13-cv-1264 (KSH)
Claimant: Zdenka Simkova
Claimant's Attorney: Fishbeyn & Briskin, LLC.
Attorney's Address: PO Box 489, Hillsdale, New Jersey 07642
Settlement Amount: $80,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, December 6, 2016
body

WHEREAS, Plaintiff, Zdenka Simkova, instituted a suit in the United States District Court, District of New Jersey, captioned Simkova v. City of Newark et al., Docket No. 13-cv-1264 (KSH), in which the plaintiff sought recovery for damages allegedly sustained on November 23, 2007, as a result of the actions of the City of Newark and its employees; and

WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of Eighty Thousand Dollars and Zero Cents ($80,000.00) ("Settlement Sum"); and

WHEREAS, the Corporation Counsel based upon all facts and circumstances presented, deems it in the best interest of the City of Newark 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 $80,000.00 (Eighty Thousand Dollars and Zero Cents), which payment will be made jointly payable to "Zdenka Simkova and Fishbeyn & Briskin, LLC" and which payment will be mailed to Peter E. Briskin, Esq., P.O. Box 489, Hillsdale, New Jersey 07642.

3. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, wh...

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