Opinion
No. 03-CV-5094 (LAK).
August 11, 2005
Earl Ward, Esq., New York, NY, Attorney for Plaintiff Ryan Cumberbatch.
MICHAEL A. CARDOZO, Corporation Counsel of the City of New York, New York, New York, Alison Gugel, Assistant Corporation Counsel, Attorney for Defendants.
Tom Harvey, Esq., Harvey Hackett, New York, NY, Attorney for Plaintiff Simon Cumberbatch.
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL
WHEREAS, plaintiff Ryan Cumberbatch and plaintiff Simon Cumberbatch, commenced this action by filing a complaint on or about July 9, 2003, alleging that their constitutional and common law rights were violated and;
WHEREAS, defendants have denied any and all liability arising out of plaintiffs' allegations; and
WHEREAS, the parties now desire to resolve the issues raised in this litigation, without further proceedings and without admitting any fault or liability; and
WHEREAS, plaintiff Ryan Cumberbatch and plaintiff Simon Cumberbatch have authorized counsel to settle this matter on the terms enumerated below;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows:
1. The above-referenced action is hereby dismissed, with prejudice, and without costs, expenses, or fees in excess of the amount specified in paragraph "2" below.
2. Defendant City of New York hereby agrees to pay plaintiff Ryan Cumberbatch the sum of $100,000 (One-Hundred Thousand Dollars) and to pay plaintiff Simon Cumberbatch the sum of $100,000 (One-Hundred Thousand Dollars) in full satisfaction of all claims, including claims for costs, expenses and attorneys fees. In consideration for the payment of these sums, plaintiffs Ryan Cumberbatch and Simon Cumberbatch agree to dismissal of all claims against all defendants and to release all defendants, and any present or former employees or agents of the City of New York, or any agency thereof, from any and all liability, claims, or rights of action arising from and contained in the complaint in this action, including claims for costs, expenses and attorneys fees.
3. Plaintiffs Ryan Cumberbatch and Simon Cumberbatch shall each execute and deliver to the City's attorney all documents necessary to effect this settlement, including, without limitation, General Releases based on the terms of paragraph "2" above and Affidavits of No Liens.
4. Nothing contained herein shall be deemed to be an admission by any of the defendants that they have in any manner or way violated plaintiffs' rights, or the rights of any other person or entity, as defined in the constitutions, statutes, ordinances, rules or regulations of the United States, the State of New York, or the City of New York or any other rules, regulations or bylaws of any department or subdivision of the City of New York. This stipulation shall not be admissible in, nor is it related to, any other litigation or settlement negotiations.
5. Nothing contained herein shall be deemed to constitute a policy or practice of the City of New York or any agency thereof.
6. This Stipulation and Order contains all the terms and conditions agreed upon by the parties hereto, and no oral agreement entered into at any time nor any written agreement entered into prior to the execution of this Stipulation and Order regarding the subject matter of the instant proceeding shall be deemed to exist, or to bind the parties hereto, or to vary the terms and conditions contained herein.
SO ORDERED.