United States Second Circuit

In a tort and contract claim, defendant successfully challenged summary judgment on plaintiff's motion to renew a judgment against defendant and on defendant's motion pursuant to Federal Rule of Civil Procedure 60(b)(5) for relief from the judgment on the basis of newly-discovered terms of a release instrument used to settle the underlying lawsuit against a co-defendant and principal.

Appellate Information

• Argued 06/10/2004
• Decided 07/16/2004
• Published 07/16/2004

Judges

• Before:  WALKER, Chief Judge, JACOBS, Circuit Judge, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• R. Bradford Fawley, Downs RachlinMartin PLLC (Bruce C. Palmer, Downs RachlinMartin PLLC, on the brief), Brattleboro, VT, for Defendant-Counter-Claimant-Appellant Patrick Sikorski., Lawrence G. Slason, Salmon & Nostrand (Richard H. Coutant, Salmon & Nostrand, on the brief), Bellows Falls, VT, for Plaintiff-Counter-Defendant-Appellee Okemo Mountain, Inc.