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PIMENTEL v. DEJESUS

53 A.D.3d 401 (2008)

861 N.Y.S.2d 332

MIGUEL PIMENTEL, an Infant, by His Mother and Natural Guardian, SANTA REYES, et al., Plaintiffs, v. LEONCIO DEJESUS, Appellant-Respondent, and CHASE MANHATTAN AUTO FINANCE CORP., Respondent-Appellant, et al., Defendant.

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

Decided July 1, 2008.

Chase is not entitled to indemnification from DeJesus. It is well settled that "the key element of a common-law cause of action for indemnification is not a duty running from the indemnitor to the injured party, but rather is `a separate duty owed the indemnitee by the indemnitor'" (Raquet v Braun, 90 N.Y.2d 177, 183 [1997], quoting Mas v Two Bridges Assoc., 75 N.Y.2d 680, 690 [1990]). No...

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