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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 William H. Beale Seconder      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Mover     Withdrawn  Al Casella Voter     The following Resolution was introduced by Councilman Phillips and seconded by Councilman Beale.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