Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3537-13
Claimant: Mukesh Gopaul and Afeera Baksh
Claimant's Attorney: Martin S. Cowen, Esq.
Attorney's Address: Slavitt & Cowen, P.A., 17 Academy Street, Newark, New Jersey 07102
Settlement Amount: $190,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel, June 20, 2017
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WHEREAS, Plaintiffs, Mukesh Gopaul and Afeera Baksh, instituted suit in the Superior Court of New Jersey, captioned Gopaul and Baksh v. City of Newark and Orlando Torres, Docket No. ESX-L-3537-13, in which the plaintiffs sought recovery for damages allegedly sustained on September 21, 2011, as a result of the alleged actions of the City of Newark and its employee Orlando Torres; and
WHEREAS, a settlement proposal, Settlement Agreement and Release ("Settlement Agreement"), has been made to resolve this litigation in its entirety by payment in the total amount of One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00) ("Settlement Sum"); and
WHEREAS, the Acting Corporation Counsel based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve this matter executing the Settlement Agreement by payment of the proposed Settlement Sum.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Acting 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 Acting Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $190,000.00 (One Hundred Ninety Thousand Dollars and Zero Cents), which payment will be made jointly payable to "Mukesh Gopaul and Af...
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