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BENNETT v. BANK OF MONTREAL

187 A.D.2d 377 (1992)

Edward Bennett et al., Plaintiffs, v. Bank of Montreal et al., Defendants, et al., Third-Party Plaintiff. G.N. Associates, Inc., Third-Party Defendant-Respondent; Flack & Kurtz Consulting Engineers, Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And a Second Third-Party and Fourth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

November 19, 1992

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 F&K was not entitled to indemnity for its own negligence in whole or part (161 A.D.2d 158...

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