By John T. Kalin and Wendy Eson.
Pillinger Miller Tarallo, LLP achieved a decisive victory for its client, DAL Electrical Corporation, when the New York Court of Appeals affirmed dismissal of all contractual indemnification claims asserted against DAL—bringing a high-exposure construction accident case to a final and favorable conclusion.
In Dominick Dibrino v. Rockefeller Center North, Inc., et al. (Court of Appeals, New York State, No. 103 – PMT: Construction, Labor Law, Complex Multi-Party Litigation), the plaintiff—an employee of a non-party subcontractor—was injured after using a ladder owned by DAL without permission. The accident occurred when the plaintiff overreached while on the ladder, causing it to tip. He fell onto a pair of snips, sustaining severe injuries.
At the trial court level, the plaintiff obtained summary judgment on his Labor Law § 240(1) claim, and the owner and general contractor were awarded contractual indemnification against DAL. PMT appealed on behalf of DAL, arguing that the accident did not arise out of DAL’s work and that the indemnity provisions—despite their breadth—did not extend to an unauthorized and attenuated use of DAL’s equipment.
The Appellate Division, First Department agreed, reversing the indemnification ruling and dismissing the complaint and all cross-claims against DAL. The Court of Appeals affirmed the Appellate Division’s decision in full.
The Court held that the nexus between DAL’s contractual work and the plaintiff’s injuries was too remote to trigger contractual indemnification, emphasizing that indemnity provisions must be strictly construed and cannot be expanded beyond the parties’ intent.
While the appeal was pending, the owner settled with the plaintiff for $11.5 million. As a result of PMT’s appellate success, DAL’s carriers avoided indemnity to the owner for the settlement amount.
This outcome highlights PMT’s strength in construction litigation and high-stakes appellate advocacy, as well as its ability to eliminate substantial indemnification exposure through strategic motion practice and appeals.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com
Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com