Defendant-appellant is not required to plead, as an affirmative defense, that he is innocent of wrongdoing or that plaintiffs had knowledge of the fraudulent acts of the codefendants. The first counterclaim seeks indemnification by plaintiffs for defendant-appellant's liability, if any, to plaintiffs. If plaintiffs are the actual wrongdoers, and defendant-appellant is innocent, as he claims, then he breached no duty owed to plaintiffs and will not be liable to them in the...
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