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ROSENBLOOM v. BUCHALTER CONTRACTING CORP.

39 A.D.2d 560 (1972)

Morris M. Rosenbloom, Respondent, v. Buchalter Contracting Corp., Appellant, and 1000 - 6th Avenue Realty, Inc., Respondent-Appellant

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

April 10, 1972

Affirmed insofar as appealed from, with costs to plaintiff, against both defendants.

Bernstein v. El-Mar Painting & Decorating Co. (13 N.Y.2d 1053) relied upon by appellant Buchalter Contracting Corp., is not in point. In that case the cross claimant was denied relief because its duty was a nondelegable one, and hence, like its contractor, was cast in the role of an active tort-feasor. At bar, no nondelegable duty, was...

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