A settlement was quietly reached Monday in a sex-harass suit against the longtime owner of the famed Greenwich Village Italian eatery Da Silvano that had been filed by a manager at a nearby parking garage, The Post has learned.
Hours before a jury trial was set to begin in Manhattan federal court, silver-haired restaurateur Silvano Marchetto agreed to settle the $2.5 million lawsuit in which he was accused of repeatedly grabbing Samuel Cruz’s genitals during two “uninvited and unwanted” incidents in 2011.
Both sides declined to reveal how much Marchetto and his celeb-friendly Da Silvano agreed to shell out, but Cruz’s lawyer said the settlement was for much less than the $2.5 million he’d sought for assault, battery and gender discrimination.
“This case has taken a great toll on my client,” Cruz lawyer Alex Umanksy said. “He’s still upset at what took place and how he was treated by Mr. Marchetto.”
Through a spokesman, Marchetto had previously denied the allegations and claimed the suit was a “futile attempt” to extort money from him. He also said Cruz was often the recipient of fat $100 tips from Marchetto.
Cruz claimed in court papers that Marchetto first fondled him in early October 2011 after driving his 2008 Ferrari into the GMC garage at 122 W. Third St., where the restaurateur leases spots for his three Ferraris and an Audi Q7.
While waiting for a ride to his Tuscan-style eatery, Marchetto — whose regular customers include Donna Karan, Giorgio Armani, Jack Nicholson and Anna Wintour — allegedly “turned around and rubbed plaintiff Cruz’s penis with his hand,” the suit claimed.
Cruz claimed he “immediately objected,” but Marchetto “merely smiled and jumped into the car.”
On Oct. 28, 2011, Marchetto — who’s married to New Yorker cartoonist and cancer survivor Marissa Acocella Marchetto — allegedly repeated the stunt after again pulling his Ferrari into the garage, the suit claimed.
After Marchetto made sure nobody was watching, Cruz claimed, Macchetto “again reached out his hand and suddenly began to rub plaintiff Cruz’s penis … refusing to let go,” the suit states.
Messages left with Marchetto and his lawyers Monday were not returned.
No criminal charges were ever filed in the matter, according to the NYPD.