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BALSAM v. DELMA ENG'G CORP.

139 A.D.2d 292 (1988)

Rachel Balsam et al., Respondents, v. Delma Engineering Corporation, Respondent, and Exxon Corporation et al., Appellants, et al., Defendants

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

August 4, 1988

Attorney(s) appearing for the Case

Marc S. Moller of counsel (David C. Cook with him on the brief; Kreindler & Kreindler, attorneys), for respondents.

George A. Burrell of counsel (Robert L. Haig and James V. O'Gara with him on the brief; Kelley Drye & Warren, attorneys), for Exxon Corporation, appellant.

Jeremy Heisler of counsel (Kevin B. Pollak with him on the brief; Killarney Rein Brody & Fabiani, attorneys), for 315 West 96th Street Service Center, Inc., appellant.

KUPFERMAN, J. P., SANDLER, KASSAL and WALLACH, JJ., concur.

SULLIVAN, J.

The underlying accident in this personal injury action occurred on January 24, 1986, when an automobile driven by Rachel Balsam, the plaintiff, which was stopped while she waited in line in a traffic lane on West 96th Street, was struck in the rear by a van that had skidded on ice. After exiting her automobile and while standing in the street surveying the damage to her car, she was injured when...

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