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161
order
Stipulation and Order of Dismissal
Wed 08/24 10:33 AM
STIPULATION OF SETTLEMENT... IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees except as specified in paragraph "2" below. Defendant City of New York hereby agrees to pay plaintiff Marc Ameruso the sum of Ninety Thousand ($90,000.00) Dollars in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. In consideration for the payment of this sum, plaintiff agrees to dismiss with prejudice all claims against the defendants and to release defendants City of New York, Officer Johnson, Officer Yelez, Officer Shapiro and Sergeant Pinto; their successors or assigns; and all past and present officials, employees, representatives, and agents of the City of New York or any entity represented by the Office of the Corporation Counsel, from any and all liability, claims, or rights of action alleging a violation of plaintiff's civil rights and any and all related state law claims, from the beginning of the world to the date of the General Release, including claims for costs, expenses, and attorneys' fees. Nothing contained herein shall be deemed to be an admission by the defendants that they have in any manner or way violated plaintiff's 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 or regulations 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 except to enforce the terms of this agreement. Nothing contained herein shall be deemed to constitute a policy or practice of the City of New York or any agency thereof. Plaintiff agrees to hold harmless defendants regarding any past and/or future Medicare claims, presently known or unknown, in connection with this matter. If Medicare claims are not satisfied, defendants reserve the right to issue a multiparty settlement check naming the Medicare provider as a payee or to issue a check directly to the Medicare provider for the amount claimed in the Medicare provider's final demand letter. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/23/22) (yv)
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