Schettino v. Roizman Development, Inc.

The opinion of the Court was delivered by

POLLOCK, J.

The issue is whether, in an action asserting joint and several liability of multiple defendants, a single defendant, following rejection of its offer to settle the claim against it, may be awarded attorney’s fees pursuant to the offer-of-judgment rule, Rule 4:58-1, -2 and -3.

Plaintiff, John Schettino, alleged that four defendants were jointly and severally liable to him for a real estate broker’s commission of $390,000. One set of defendants, Israel Roizman, Roizman Development, Inc., and Fairview Associates 94 L.P. (collectively, “Roizman”)…