The New York Court of Appeals issued a decision Wednesday in *Dibrino v. Rockefeller Center North, Inc.*, holding that a subcontracting agreement does not require an electrical contractor to indemnify the general contractor for injuries sustained by another subcontractor's employee who fell from the electrical contractor's ladder.
The case stems from a June 2019 workplace accident at 1271 Sixth Avenue, where carpenter Dominick Dibrino was injured while working on a renovation of office space for Major League Baseball's headquarters. Dibrino, employed by subcontractor Jacobson & Co., Inc., fell from a ladder owned by electrical subcontractor DAL Electrical Corporation while performing construction work.
According to the court's opinion, authored by Chief Judge Wilson, Dibrino began his workday using equipment provided by his own employer, including a six-foot A-frame ladder and a rolling Baker scaffold, to take measurements and mark out a soffit in a fifth-floor pantry. After completing that work, he moved the scaffold and ladder to a different floor for a separate afternoon task before breaking for lunch.
The central legal question involved the interpretation of the subcontracting agreement between DAL Electrical and the project's general contractor, JRM Construction Management LLC. The Appellate Division previously held that this agreement does not require DAL to indemnify JRM for damages arising from Dibrino's injury, a ruling that the Court of Appeals affirmed.
The case illustrates the complex web of liability relationships that exist on modern construction sites, where multiple contractors and subcontractors work simultaneously on different aspects of a project. When accidents occur, determining which party bears financial responsibility often depends on careful analysis of contractual language and applicable state law.
Construction site accidents involving falls from ladders and scaffolds are unfortunately common in New York. According to federal workplace safety statistics, falls represent one of the leading causes of construction worker fatalities and serious injuries nationwide. The legal framework governing these incidents in New York includes both common law negligence principles and specific statutory protections under the state's Labor Law.
The parties involved in the litigation include Rockefeller Center North, Inc. as the property owner, Turner Construction Company as a defendant, and DAL Electrical Corporation as the electrical subcontractor that owned the ladder. The case was represented by attorneys Sofya Uvaydov for the appellants and Christopher Simone for DAL Electrical Corporation.
The Court of Appeals' decision turns on contract interpretation principles and the specific language used in the indemnification clause of the subcontracting agreement. Indemnification clauses are standard provisions in construction contracts that allocate financial responsibility for various types of claims and damages that may arise during a project.
In construction law, indemnification agreements typically fall into several categories: broad form, which covers all claims regardless of fault; intermediate form, which covers claims except those arising solely from the indemnitee's negligence; and limited form, which only covers claims arising from the indemnitor's negligence. The specific language and scope of these clauses can significantly impact how liability is allocated among project participants.
The decision has implications for how construction companies structure their subcontracting agreements and allocate risk among project participants. General contractors and subcontractors must carefully review their indemnification provisions to understand their potential exposure to third-party claims.
The ruling also highlights the importance of proper safety protocols and equipment ownership responsibilities on construction sites. When subcontractors share equipment or work in overlapping areas, clear agreements about liability and safety responsibilities become crucial for all parties involved.
The opinion, published as 2025 NY Slip Op 07077, is currently uncorrected and subject to revision before publication in the Official Reports. This preliminary status is typical for recent Court of Appeals decisions, which undergo final review and editing before appearing in the bound volumes of New York Reports.
For construction industry participants, the decision provides guidance on contract drafting and risk allocation strategies. Companies may need to review their existing subcontracting agreements to ensure indemnification clauses accurately reflect their intended risk allocation.
The case also demonstrates the multi-layered nature of construction site injury litigation, where claims may involve property owners, general contractors, multiple subcontractors, and their respective insurance carriers. Each party's liability exposure depends on factors including contractual relationships, statutory obligations, and common law negligence principles.
Moving forward, construction companies should work with experienced legal counsel to draft clear indemnification provisions that properly allocate risk while complying with applicable state law limitations on such agreements. The Dibrino decision serves as a reminder that courts will interpret these provisions based on their specific language rather than general industry practices or assumptions about risk allocation.