GONZALES v. ARMAC INDUSTRIES, LTD.

No. 1788, Docket 92-7150.

990 F.2d 729 (1993)

Marvin GONZALES, Plaintiff-Appellant, v. ARMAC INDUSTRIES, LTD., Defendant-Third-Party-Plaintiff-Appellant, and General Thermoforming Corporation, Third-Party-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 19, 1993.


Attorney(s) appearing for the Case

Robert R. MacDonnell, New York City (Kroll & Tract, of counsel), for defendant-third-party-plaintiff-appellant.

Herman Schmertz, New York City (Gair, Gair, Conason, Steigman & Mackauf, of counsel), for plaintiff-appellant.

David W. Silverman, New York City (Granik Silverman, Ricki H. Berger, of counsel), for third-party-defendant-appellee.

Before NEWMAN, PRATT, and WALKER, Circuit Judges.


PER CURIAM:

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 plaintiff's total damages, is a "release from liability" within the meaning of § 15-108(c) of the General...

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