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GONZALES v. ARMAC INDUS.

81 N.Y.2d 1 (1993)

Marvin Gonzales, Plaintiff, v. Armac Industries, Ltd., Defendant and Third-Party Plaintiff; General Thermoforming Corporation, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided February 11, 1993.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Steigman & Mackauf, New York City (Herman Schmertz of counsel), for plaintiff and Kroll & Tract, New York City (Robert T. MacDonnell and Jeffrey N. Rejan of counsel), for third-party plaintiff.

Granik Silverman, New City (David W. Silverman, Ricki H. Berger, Morrie Slifkin and Robert M. Lefland of counsel), for third-party defendant.

Raymond C. Green, New York City, and Herzfeld & Rubin, P. C., New York City (Herbert Rubin, David B. Hamm and Linda M. Brown of counsel), for The State Insurance Fund, amicus curiae.

Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

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...

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