Gonzales v. Armac Industries, Ltd.

On July 27, 1992 this court certified to the New York Court of Appeals the following question:

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 plaintiffs total damages, is a “release from liability” within the meaning of § 15-108(c) of the General Obligations Law.

970 F.2d 1123 (2d Cir.1992).

By order and opinion dated February 11, 1993, the New York State Court of Appeals answered the question in the…