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LEXINGTON INS. CO. v. PUBLIC ADM'R OF N.Y. COUNTY

Index No. 161619/19. Appeal No. 12625. Case No. 2020-02338.

189 A.D.3d 544 (2020)

133 N.Y.S.3d 815

2020 NY Slip Op 07500

Lexington Insurance Company, as Subrogor of Wyckoff Heights Medical Center, Respondent, v. Public Administrator of New York County, as Successor Executor of the Estate of Karl W. Christian, Deceased, Appellant.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Rosenblum Newfield, LLC, White Plains ( James B. Rosenblum of counsel), for appellant.

Mauro Lilling Naparty LLP, Woodbury ( Seth M. Weinberg of counsel), for respondent.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

A vicariously liable party can settle, then seek common-law indemnity from a non-settling active tortfeasor (see Cunha v City of New York, 12 N.Y.3d 504, 508-509 [2009]; Rosado v Proctor & Schwartz, 66 N.Y.2d 21, 24 [1985]; Brazell v Wells Fargo Home Mtge., Inc., 42 A.D.3d 409, 410 [1st Dept 2007]). The fact that there were multiple tortfeasors...

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