BALSAM v. DELMA ENG'G CORP.


203 A.D.2d 203 (1994)

611 N.Y.S.2d 164

Rachel Balsam et al., Respondents, v. Delma Engineering Corporation, Appellant-Respondent, and New York City Transit Authority, Respondent-Appellant, et al., Defendants

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

April 28, 1994


Issues of fact as to the source of the water that froze over were raised by plaintiffs' identification of numerous witnesses who will testify that large quantities of water were discharged from the construction site during the month in which the accident occurred, and the affidavit of plaintiffs' investigator who examined the topography of the area and concluded that water would flow from the construction site to the place of the accident. Indeed, defendants did no more than...

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