The principle of common-law, or implied, indemnification permits one who has been compelled to pay for the wrong of another to recover from the wrongdoer the damages it paid to the injured party. The party seeking indemnification must have delegated exclusive responsibility for the duties giving rise to the loss to the party from whom indemnification is sought, and must not have committed any actual wrongdoing itself. Common-law indemnification is warranted where a defendant's role in causing the plaintiff's injury is solely passive, and thus its liability is purely vicarious. Since the predicate of common-law indemnity is vicarious liability, a party who has itself actually participated to some degree in the wrongdoing cannot invoke the doctrine.
Board of Mgrs. of Olive Park Condominium v. Maspeth Props., LLC, NY Slip Op 01554 (2d Dep't March 6, 2019)
Here is the decision.
