2020-60
2020-60
Resolution Authorizing Litigation Against Robert Rivera D/B/A C & N Amusements
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held
at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 27, 2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2020-60
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale.
WHEREAS, the Town of Wappinger entered into a contract with Robert Rivera d/b/a C&N Amusements on or
about April 11, 2018 to provide for the operation of rides for 2018 Town of Wappinger Community Day; and
WHEREAS, C&N Amusements failed to comply with the terms of the contract and failed to reimburse the Town
for damages suffered under the contract;
WHEREAS, the Attorneys to the Town have advised that C&N Amusements are in breach of contract and that the
Town has just cause to commence a lawsuit for such breach; and
WHEREAS, the Town Board agrees that it is appropriate to bring a lawsuit against C&N Amusements to recover
the damages suffered by the Town of Wappinger due to the breach of contract;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby authorizes the Attorneys to the Town, Wallace & Wallace, LLP, to commence
litigation against Robert Rivera d/b/a C&N Amusements for all causes of action that may be appropriate
and to prosecute such litigation to its conclusion in accordance with its current retainer agreement with the
Town.
2. The Supervisor and the Attorney to the Town are hereby authorized to execute any documents necessary
for the commencement and prosecution of such litigation.
3. Any Town officers and employees are authorized and directed to assist with the litigation as needed.
4. This resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
1/27/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK