Opinion
No. 03 CV 6517 (LAK) (GWG).
March 8, 2005
GRAUBARD MILLER, The Chrysler Building, New York, New York, Peter A. Schwartz, Attorneys for Plaintiffs.
MICHAEL A. CARDOZO, Corporation Counsel of the City of New York, New York, New York, Kimberly Conway, Assistant Corporation Counsel, Attorney for City defendants.
STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE
WHEREAS, plaintiffs commenced action 03 CV 6517 (LAK) (GWG) by filing a complaint in this Court on or about August 28, 2003, and filing an amended complaint on or about February 17, 2004, alleging that defendants had violated their rights under federal and state law; and
WHEREAS, defendants City of New York, Charles Neckers, Michael Alomia, and Steven Kelly ("City defendants") have denied any and all liability arising out of plaintiffs' allegations; and
WHEREAS, plaintiffs and City defendants now desire to resolve the issues raised in this litigation, without further proceedings and without admitting any fault or liability;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows:
1. All claims in the above-referenced action against all defendants are 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 plaintiffs the sum of fifty thousand dollars ($50,000.00) in full satisfaction of all claims that were or could have been raised against all defendants in this action, including claims for costs, expenses, and attorney fees. In consideration for the payment of this sum, plaintiffs agree to dismissal of all the claims against all defendants, and to release all defendants, their successors or assigns, and all present or former officials, employees, representatives or agents of the City of New York, the New York City Department of Finance, the New York City Department of Housing Preservation and Development, the New York City Department of Citywide Administrative Services, and any other agency, department, or subdivision of the City of New York from any and all liability, claims, or rights of action arising from the events alleged in the complaint and amended complaint in this action, including (but not limited to) claims for costs, expenses, and attorney fees.
3. Plaintiffs shall execute and deliver to City defendants' attorney all documents necessary to effectuate this settlement, including, without limitation, a release based on the terms of paragraph 2 above and an affidavit regarding Liens.
4. Nothing contained herein shall be deemed to be an admission by any defendants of the truth of any of the allegations contained in the complaint or amended complaint in this action, or an admission by any 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, the City of New York, or any other rules, regulations or bylaws of any agency, 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, the New York City Department of Finance, the New York City Department of Housing Preservation and Development, the New York City Department of Citywide Administrative Services, or any other agency, department, or subdivision of the City of New York.
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.