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PIMENTEL v. DeJESUS

2289.

2008 NY Slip Op 05964

MIGUEL PIMENTEL, an infant by his mother and natural guardian, Santa Reyes, ET AL., Plaintiffs, v. LEONCIO DeJESUS, Defendant-Appellant-Respondent, ELIZABETH CAHILL, Defendant, CHASE MANHATTAN AUTO FINANCE CORP., Defendant-Respondent-Appellant.

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

Decided July 1, 2008

Attorney(s) appearing for the Case

David M. Schwarz, Dix Hills, for appellant-respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Joseph A.H. McGovern of counsel), for respondent-appellant.

Before: Lippman, P.J., Mazzarelli, Andrias, Buckley, Sweeny, JJ.

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])....

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