In Jana L v. West 129th St. Realty Corp., 22 AD3d 274 (1st Dep't 2005) the Plaintiff made a "conclusory statement that the information . . . could not have been obtained by it through the exercise of ordinary intelligence.'" 22 AD3d, at 278. The First Department noted that the plaintiff did not make any inquiries into whether defendant had knowledge of incidents implicating a contractual indemnification clause. Id.