Opinion
May 9, 1996
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
Plaintiffs do not contend that defendants undertook any express obligation to indemnify them. Liability under a theory of implied indemnity would require some wrongful conduct by defendants ( see, Trustees of Columbia Univ. v. Mitchell/Giurgola Assocs., 109 A.D.2d 449), and a duty owed by defendants to plaintiffs ( see, Prudential-Bache Sec. v. Resnick Water St. Dev. Co., 161 A.D.2d 456, 457-458). Plaintiffs have offered nothing but vague, conclusory and, ultimately, inadequate allegations as to these elements ( see, Marine Midland Bank v. Embassy E., 160 A.D.2d 420, 422).
Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Tom, JJ.