File #: 17-0618    Version: 1 Name: Civil Settlement - Cesario Construction
Type: Resolution Status: Adopted
File created: 4/5/2017 In control: Law
On agenda: 6/21/2017 Final action: 6/21/2017
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-8182-16 Claimant: Cesario Construction Company, Inc. Claimant's Attorney: Nicholas S. Brindisi, Esq. Attorney's Address: Nicholas S. Brindisi, Esq., P.C., 1200 Route 46 West, Clifton, New Jersey 07013 Settlement Amount: $26,200.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Acting Corporation Counsel, June 20, 2017
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-8182-16
Claimant: Cesario Construction Company, Inc.
Claimant's Attorney: Nicholas S. Brindisi, Esq.
Attorney's Address: Nicholas S. Brindisi, Esq., P.C., 1200 Route 46 West, Clifton, New Jersey 07013
Settlement Amount: $26,200.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel, June 20, 2017
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WHEREAS, Plaintiff, Cesario Construction Company, Inc., instituted a suit in the Superior Court of New Jersey, captioned Cesario Construction Company, Inc., v. City of Newark, Docket No. ESX-L-8182-16 in which the Plaintiff sought recovery for incomplete payment for services rendered; and

WHEREAS, a settlement proposal, in the form of a Settlement Agreement and Release, has been made to resolve this litigation, in its entirety, by payment in the total amount of Twenty Six Thousand Two Hundred Dollars and Zero Cents ($26,200.00) ("Settlement Sum"); and

WHEREAS, the Acting 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.

NOW, THEREFORE, BE IT RESOLVED BY 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 $26,200.00 (Twenty Six Thousand Two Dollars and Zero Cents), which payment will be made jointly payable to "Cesario Construction Company, Inc. and Nicholas S. Brindisi, Esq., P.C.," and which payment will be mailed to Nicholas S. Brindisi, Esq., ...

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