Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-1464-18
Claimant: Dejana Industries, LLC.
Claimant's Attorney: Robert S. Moran, Jr., Esq.
Attorney's Address: McBreen and Kopko, 110 Summit Ave, Montvale, New Jersey 07645
Settlement Amount: $179,305.00
Funding Source: 2018 Budget/ Department of Law NW011-210-2101-95520-B2018
Additional Comments:
Invitation: Corporation Counsel
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WHEREAS, Plaintiff, Dejana Industries LLC, instituted a suit captioned Dejana Industries, LLC., v. City of Newark, Ras J. Baraka, Mayor, Jack Kelly, Business Administrator, Danielle A. Smith, Director Finance, and Khalif Thomas, Director of Public Works, Superior Court of New Jersey, Law Division, Essex County, Docket No. ESX-L-1464-18, in which the plaintiff sought recovery for damages for the breach of a contract with the City of Newark and its employees; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by execution of the attached Settlement Agreement and Release, and payment in the total amount of $179,305.00 (One Hundred Seventy-Nine Thousand, Three Hundred Five Dollars and Zero Cents) ("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 execution of the Settlement Agreement and Release and 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 of the sum of $179,305.00 (One Hundred Sevent...
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