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BALLESTAS v. CITY OF NEW YORK

114 A.D.2d 764 (1985)

Antonio L. Ballestas, as Administrator of Estate of Carmen Ballestas, Deceased, Respondent, v. City of New York et al., Respondents, and Diamond International Corp., Appellant Van Dorn Realty Corp. et al., Third-Party Plaintiffs, v. Raisler Corp. et al., Third-Party Defendants City of New York, Fourth-Party Plaintiff, v. Raisler Corp. et al., Fourth-Party Defendants

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

November 12, 1985

Plaintiff's decedent Carmen Ballestas, employed as a cleaning woman in the Diamond International Building in Manhattan, was scalded to death when a steam pipe in the basement of that building burst. The plaintiff brought a wrongful death action naming Diamond, among others, as a defendant. Diamond is a tenant in the building which bears its name. It leases the fifth through ninth floors and sublets its portion of the ninth floor...

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