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No contribution for Settling Defendant

December 14, 2007

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In Nesterczuk v. Golden Management in Brooklyn, the plaintiff sued three defendants for negligence. Two of the defendants got together and settled with the plaintiff before trial for $475,000. The plaintiff went to trial against the remaining defendant and the jury found the remaining defendant 100% at fault. The settling defendants then tried to collect contribution from the party at fault. The court ruled that the settlers had "voluntarily" paid their settlement and had no right to contribution.

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