Board of Estimate and Contract:
A RESOLUTION AUTHORIZING THE
SETTLEMENT OF THE CLAIM OF C.C., AN INFANT,
BY HER MOTHER AND NATURAL GUARDIAN,
ET AL V. THE CITY OF MOUNT VERNON
WHEREAS, on August 30, 2023, Leonela Martinez, as the mother and natural guardian of the infant, C.C., filed a Notice of Claim against the City of Mount Vernon (the “City”), alleging that, on July 27, 2023, C.C. sustained personal injuries while participating in a City-sponsored Mount Vernon Youth Bureau summer camp field trip to Urban Air Trampoline and Adventure Park in New Jersey; and
WHEREAS, on February 21, 2024, the City was served with a Summons and Complaint in an action commenced by Leonela Martinez, as the mother and natural guardian of the infant, C.C., alleging that C.C. fell into an open manhole in the street and sustained injuries to her back, left hip, and left knee; and
WHEREAS, the Summons and Complaint sought damages in the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) against the City; and
WHEREAS, the matter has been negotiated for resolution through a structured settlement in the total amount of One Hundred Twenty-Five Thousand Dollars ($125,000.00), pursuant to which the plaintiff has agreed to withdraw and release all claims against the City arising from the aforesaid incident; and
WHEREAS, the Office of the Corporation Counsel has investigated and evaluated the claim and, by correspondence dated November 4, 2026, has recommended that the Board of Estimate and Contract authorize settlement of the matter in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000.00), as a fair and reasonable resolution of the claim and the City’s potential liability; and
WHEREAS, the Board of Estimate and Contract has considered the recommendation of the Corporation Counsel and finds that settlement of this matter in the recommended amount is fair, reasonable, and in the best interests of the City; now, therefore, be it
RESOLVED, that the Comptroller of the City of Mount Vernon be and hereby is authorized and directed to issue payment in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000.00) in full and final settlement of the City’s liability in connection with the aforesaid claim, subject to the execution and receipt of all required settlement agreements, releases, discontinuance documents, court approvals, and any other documents deemed necessary by the Office of the Corporation Counsel; and be it further
RESOLVED, that the aforesaid payment shall be charged to Budget Code A1930.494 - Judgments & Settlements, 2026 Budget.