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BRITO v. CONSOL. EDISON CO. OF NEW YORK, INC.

233 A.D.2d 122 (1996)

649 N.Y.S.2d 424

Lazaro Brito, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant and Third-Party Plaintiff-Appellant-Respondent. Globe Fence Co., Inc., Third-Party Defendant-Respondent-Appellant

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

November 7, 1996

The trial court erred in denying Con Ed's motion for common-law indemnification against Globe. "Where there is no evidence that the owner directed the work, `the basis of his liability remains vicarious, and he may recover over against the wrongdoer under the theory of implied indemnification.'" (Guillory v Nautilus Real Estate, 208 A.D.2d 336, 339, appeal dismissed and denied 86 N.Y.2d 881

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