Legislation Details

File #: TMP -2120    Version: 1
Type: Settlements Status: Agenda Ready
File created: 5/6/2026 In control: Board of Estimate & Contract
On agenda: 5/19/2026 Final action:
Title: Settlement of Claim for property damage in the matter of Wilber Algarate - $1,390.00
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Board of Estimate and Contract:

 

A RESOLUTION AUTHORIZING

THE SETTLEMENT OF THE CLAIM OF

WILBER ALGARATE

WHEREAS, on December 22, 2025, a Notice of Claim was filed by Wilber Algarate against the City of Mount Vernon, alleging that his 2003 Toyota RAV4 sport utility vehicle sustained damage on November 9, 2025, due to a defective manhole condition; and

WHEREAS, the claimant further alleges that the manhole cover was not properly secured and became dislodged as he drove over it, causing it to shift upward and strike the underside of the vehicle, thereby impacting the rear passenger-side tire area and resulting in damage to the tire, rim, and rear strut assembly, with total damages claimed in the amount of $2,590.00; and

WHEREAS, upon review and evaluation of the claim, the Corporation Counsel, by correspondence dated May 6, 2026, recommended that the Board of Estimate and Contract approve a settlement in the amount of $1,390.00.

NOW, THEREFORE, BE IT

RESOLVED, that the Board of Estimate and Contract hereby authorize the settlement of the claim filed by Wilber Algarate in the amount of $1,390.00; and be it further

RESOLVED, that the Comptroller is hereby authorized and directed to disburse payment in the amount of $1,390.00 from Budget Code A1930.494 (Judgments and Settlements) in the 2026 Budget.