John W. Cowper Co. v. Potomac Iron Works, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying the motions of Potomac Iron Works, Inc. (Potomac), Fireman’s Fund Insurance Company (Fireman’s Fund) and Aetna Insurance Company (Aetna) seeking summary judgment dismissing the complaint that alleges a cause of action for common-law or implied indemnification. The predicate for common-law or implied indemnity is vicarious liability without actual fault on the part of the proposed indemnitee, and therefore, " 'it follows that a party who has…