Legislation Details

File #: TMP -2111    Version: 1
Type: Settlements Status: Agenda Ready
File created: 5/5/2026 In control: Board of Estimate & Contract
On agenda: 5/19/2026 Final action:
Title: Settlement of lawsuit for sewer backup in the matter of Gary O'Grady Jr. - $36,250.00
Attachments: 1. A RESOLUTION AUTHORIZING THE SETTLEMENT OF THE CLAIM OF GARY O'GRADY JR. FOR SEWER BACKUP - $36,250.00
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Board of Estimate and Contract:

 

A RESOLUTION AUTHORIZING

THE SETTLEMENT OF THE CLAIM OF

GARY O’GRADY JR.

WHEREAS, on November 19, 2021, a Notice of Claim was filed by Gary O’Grady Jr. against the City of Mount Vernon, alleging that a sewer backup occurred at his residential property on August 26, 2021; and

WHEREAS, the claimant further alleges that a defective condition in the City’s sewer system caused raw sewage to back up into the property, resulting in damage to the basement apartment, and asserts that the City owned and maintained the sewer infrastructure and had prior notice of systemic issues in the area, with total damages claimed in the amount of $135,500.00; and

WHEREAS, upon review and evaluation of the claim, the Corporation Counsel, by correspondence dated May 4, 2026, recommended that the Board of Estimate and Contract approve a settlement in the amount of $36,250.00.

NOW, THEREFORE, BE IT

RESOLVED, that the Board of Estimate and Contract hereby authorize the settlement of the claim filed by Gary O’Grady Jr. in the amount of $36,250.00; and be it further

RESOLVED, that the Comptroller is hereby authorized and directed to disburse payment in the amount of $36,250.00 from Budget Code A1930.494 (Judgments and Settlements) in the 2026 Budget.