United States Second Circuit

Where a plaintiff settled with one of several joint tortfeasors involved in a vehicle collision, judgment reducing plaintiffs' damage award by the amount of settling defendants' equitable share of damages is vacated in part where a defendant forfeits its right to an equitable share setoff when it fails to seek an apportionment before summary judgment is entered against it.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

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.