FREY v. BETHLEHEM STEEL CORP.


37 A.D.2d 927 (1971)

Russell Frey, Plaintiff, v. Bethlehem Steel Corp., Respondent, and G. C. Depot Construction Co., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 4, 1971


Defendant-appellant shall recover of defendant-respondent $50 costs and disbursements of this appeal.

There is but one injury claimed by plaintiff in his complaint against both defendants and, except for the additional averment that Bethlehem was the supplier of defective steel rods, the other acts of causal affirmative negligence are indivisibly alleged against both defendants. This is not an "active-passive negligence" situation, and is not rendered so by an attempt...

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