Raquet v. Braun

In Raquet v. Braun, 90 NY2d 177 [1997] the Court of Appeals articulated the standards associated with maintaining claims for both common-law indemnity and contribution. In considering a cause of action for indemnification the Court of Appeals held: . . . the key element . . . is not a duty running from the indemnitor to the injured party, but rather is 'a separate duty owed the indemnitee by the indemnitor' . . . The duty that forms the basis for the liability arises from the principle that 'everyone is responsible for the consequences of his own negligence, and if another person has been compelled . . . to pay damages which ought to have been paid by the wrongdoer, they may be recovered from him.' . . .