Common-law, or implied, indemnification allows one who has been compelled to pay for another's wrong to recover from the wrongdoer the damages it paid to the injured party. Common-law indemnification is warranted where a defendant's role in causing the plaintiff's injury is solely passive, and thus its liability is only vicarious. A party who has itself actually participated in the wrongdoing cannot receive the benefit of indemnification.
Hamed v. City of New York, NY Slip Op 04540 (2d Dep't August 19, 2020)
