Appellate Division, First Department · November 5, 2026 · 2026 NY Slip Op 06540
Privilege Underwriters Reciprocal Exch. v SBP N.Y. LLC
Read the official decision: 2026 NY Slip Op 06540
Holding The court affirmed the dismissal of a common-law indemnification claim because the underlying complaint failed to allege that the indemnitor was vicariously liable for the indemnitee’s conduct. Vicarious liability is a necessary predicate for common-law indemnity, which was absent here.
The court’s words
Vicarious liability is the predicate of common-law indemnity, but the complaint here lacks any allegation that SBP was vicariously liable for Pembrooke's conduct
2026 NY Slip Op 06540, at the official text
The complaint alleges that plaintiff's injury was caused by the negligence of "SBP[] its employees, agents, servants, representatives, contractors and/or subcontractors," but Pembrooke was not connected to SBP in any of those ways
2026 NY Slip Op 06540, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | November 5, 2026 |
| Citation | 2026 NY Slip Op 06540 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06540 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1827 |
Recommended citation
ESQ HQ, New York Law Watch, Privilege Underwriters Reciprocal Exch. v SBP N.Y. LLC, 2026 NY Slip Op 06540 (Appellate Division, First Department, November 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06540/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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