Colyer v. K Mart Corp.

The court properly granted, however, that part of the motion of K Mart and Massa for summary judgment on their third-party claim for common-law indemnification. The right of common-law indemnification belongs to parties determined to be vicariously liable without proof of any negligence or active fault on their own part (see, Kemp v Lakelands Precast, 55 NY2d 1032, 1034; Kelly v Diesel Constr. Div., 35 NY2d 1, 5-7). As a matter of law, K Mart and Massa are such parties, given their demonstrated lack of supervision, direction or control over the work (see, Kemp v Lakelands Precast, supra, at…