Dibrino v. Rockefeller Ctr. N., Inc.

Summary

The Court of Appeals affirmed dismissal of the contractual indemnification claims against DAL. It held that the indemnity provisions, read together and according to their plain terms, required a connection between the injury and DAL's contractually defined work, which was absent because Dibrino independently and unauthorizedly used DAL's unattended ladder for work outside DAL's scope. The Court also held that DAL's failure to remove the ladder did not satisfy the narrow exception for a contractor's launching of a force or instrument of harm and therefore did not create a tort duty to Dibrino.