Bennett v. Bank of Montreal

Judgment, Supreme Court, *378New York County (Myriam J. Altman, J.), entered July 31, 1991, after a jury trial, in favor of plaintiffs and against third-party defendant Flack & Kurtz Consulting Engineers (F&K) in the amount of $500,000, exclusive of interest and costs, unanimously affirmed, with costs.

The limited issue on appeal is whether F&K was negligent designing the building cooling tower from which plaintiff fell. On prior appeal, we determined that General Obligations Law § 5-322.1 applied, and that the indemnity clause at issue must be interpreted as meaning, in light of the statute, that…