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BROOKS v. BROOKS

227 A.D.2d 195 (1996)

642 N.Y.S.2d 511

Michael Brooks et al., Appellants, v. Phillip Brooks et al., Respondents

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

May 9, 1996

Plaintiffs do not contend that defendants undertook any express obligation to indemnify them. Liability under a theory of implied indemnity would require some wrongful conduct by defendants (see, Trustees of Columbia Univ. v Mitchell/Giurgola Assocs., 109 A.D.2d 449), and a duty owed by defendants to plaintiffs (see, Prudential-Bache Sec. v Resnick Water St. Dev. Co., 161 A.D.2d 456

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