United States Second Circuit

In the context of New York General Obligations Law section 15-108(a), a defendant forfeits its right to a setoff in the amount of the settling defendant's equitable share if it does not seek apportionment until after summary judgment is entered against it on the issue of liability.

Appellate Information

• Decided 07/29/2008
• Published 07/29/2008

Judges

• WESLEY, Circuit Judge:, Before:  WESLEY and HALL, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lester B. Herzog, Brooklyn, NY, for Appellants.


• For Appellees:
  
• Eric P. Tosca, Law Offices of John P. Humphreys, New York, NY, for Appellee D.P. Gallimore & Sons.