Perotto Development Corp. v. Sear-Brown Group

—Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Plaintiffs commenced this action seeking damages allegedly caused by defendant’s negligence and professional malpractice in the performance of architectural and engineering services concerning the design and construction of a funeral home facility. The contract between defendant and plaintiff Bartolomeo Funeral Home, Inc. contains a limitation of liability clause purporting to limit the liability of defendant to the lesser of $500,000 or the amount of its fee.…