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ESTEVA v. NASH

55 A.D.3d 474 (2008)

866 N.Y.S.2d 186

PAUL A. ESTEVA et al., Plaintiffs, v. KEVIN J. NASH, ESQ., et al., Defendants. KEVIN J. NASH, ESQ., et al., Third-Party Plaintiffs-Appellants, v. MICHELLE FERGUSON, ESQ., et al., Third-Party Defendants, and FUNDEX CAPITAL CORPORATION, Third-Party Defendant-Respondent.

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

October 30, 2008.

As we have previously held, "A party sued solely for its own alleged wrongdoing, rather than on a theory of vicarious liability, cannot assert a claim for common law indemnification" (Mathis v Central Park Conservancy, 251 A.D.2d 171, 172 [1998]). Here, the complaint did not propound any theory that defendants were vicariously liable to plaintiffs by dint of third-party defendant Fundex's actions. As a result, defendants are not...

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