Legal Opinion

Gonzales v. Armac Industries, Ltd.

New York Court of Appeals

Decided February 11, 1993PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

Acting Chief Judge Simons.

This Court has accepted the following question certified by the United States Court of Appeals for the Second Circuit: "Whether a defendant manufacturer’s pretrial agreement with an injured plaintiff, admitting liability for two percent of any damages a jury might award, and preventing plaintiff from enforcing against defendant any judgment in excess of 2% of plaintiff’s total damages, is a 'release from liability’ within the meaning of § 15-108 (c) of the General Obligations Law.” (970 F2d 1123, 1126.) We answer that question in the affirmative.

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2Cases cited14 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. McDermott v. City of New YorkNew York Court of Appeals · 1980
  4. Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
  5. Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Louis Orsini and Mary Orsini v. Nahum Kugel and German C. Garcia, Jean Paul Pierre and Moisture Hacking Corp., Chris Roos and George RoosCourt of Appeals for the Second Circuit · 1993
  2. Bankers Trust Company, Cross-Appellee v. Lee Keeling & Associates, Inc., and Lee A. KeelingCourt of Appeals for the Tenth Circuit · 1994
  3. Weiner v. City of New YorkNew York Court of Appeals · 2012
  4. Lane v. Fisher Park Lane Co.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Reich v. Manhattan Boiler & Equipment Corp.New York Court of Appeals · 1998

34 more not listed; retrieve them via the Exa API.

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