Common law indemnification.

Practice point: The key element of the cause of action is not a duty running from the indemnitor to the injured party, but a separate duty owed the indemnitee by the indemnitor.

Student note: Indemnity may be based on an express contract, but more commonly the indemnity obligation is implied, based on the law's notion of what is fair and proper as between the parties.

Case: Lovino, Inc. v. Lavallee Law Offs., NY Slip Op 04977 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Law of the case, and equitable affirmative defenses.