No contribution for Settling Defendant
December 14, 2007
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.