17 VISTA FEE v. TEACHERS INS.


259 A.D.2d 75 (1999)

693 N.Y.S.2d 554

17 VISTA FEE ASSOCIATES et al., Plaintiffs, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Defendant. 17 VISTA FEE ASSOCIATES et al., Third-Party Plaintiffs-Appellants-Respondents, v. JAROS BAUM & BOLLES, Third-Party Defendant-Respondent-Appellant.

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

July 15, 1999.


Attorney(s) appearing for the Case

Constance M. Boland of counsel (Frank H. Penski and Elizabeth E. DiMichele on the brief; Nixon, Hargrave, Devans & Doyle, L. L. P., attorneys), for third-party plaintiffs-appellants-respondents.

Stephen A. Postelnek of counsel (Hilary K. Dobies on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker, L. L. P., attorneys), for third-party defendant-respondent-appellant.

TOM, J. P., ANDRIAS and SAXE, JJ., concur.


OPINION OF THE COURT

MAZZARELLI, J.

The issue to be decided on this appeal is whether the seller of a building may seek indemnification from a mechanical engineer because the engineer's negligent design of a smoke purge system resulted in the seller having to pay the building's new owner for those defects. We conclude that the seller is entitled to indemnification from the engineer because the seller itself was...

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