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ABN AMRO VERZEKERINGEN BV v. GEOLOGISTICS AMERICAS

Docket No. 05-1917-cv.

485 F.3d 85 (2007)

ABN AMRO VERZEKERINGEN BV, Plaintiff-Appellant, v. GEOLOGISTICS AMERICAS, INC. and Alfred James doing business as Art Messenger and Delivery Service, Defendant-Appellees, DHL Airways Inc., Third-Party-Defendant, Hartford Fire Insurance Company, Consolidated-Plaintiff.

United States Court of Appeals, Second Circuit.

Decided: April 23, 2007.

Attorney(s) appearing for the Case

John E. Cone, Jr., Cone & Kilbourn, Mount Kisco, N.Y. (Joseph A. Kilbourn, Of Counsel, on the brief), for Plaintiff-Appellant ABN Amro Verzekeringen BV.

Andrew R. Spector, Hyman, Kaplan, Ganguzza, Spector & Mars, P.A., Miami, FL; Nicholas E. Pantelopoulos, Kaplan, von Ohlen & Massamillo, LLC, New York, NY, for Defendant-Appellee Geologistics Americas, Inc.

John J. Sullivan, Hill Rivkins & Hayden LLP, New York, N.Y. (Laura R. Landau and Kipp C. Leland, on the brief), for Defendant-Appellee Alfred James d/b/a Art Messenger and Delivery Service.

Before LEVAL and SOTOMAYOR, Circuit Judges, and KRAVITZ, District Judge.

LEVAL, Circuit Judge.

In this appeal we consider whether in an action for money damages the court may, over plaintiff's objection, enter final judgment in the plaintiff's favor for all the money that plaintiff may lawfully recover, when the defendants, without conceding liability, tender that amount. Plaintiff ABN Amro Verzekeringen BV ("ABN") brought suit in the United States District Court for the Southern District of New York (Chin, J.) alleging damage to...

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