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BALSAM v. DELMA ENG'G CORP.

90 N.Y.2d 966 (1997)

688 N.E.2d 487

665 N.Y.S.2d 613

Rachel Balsam et al., Appellants, v. Delma Engineering Corp. et al., Defendants, and City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1997.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Blanca I. Rodriguez, Marc S. Moller, David C. Cook and David L. Fiol of counsel), for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Linda H. Young and Pamela Seider Dolgow of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

While plaintiff Rachel Balsam was standing behind her car to survey damage caused by a van that skidded on ice and collided with the rear of her vehicle, a third car rammed the van after hitting the same ice patch, causing the van to pin plaintiff between the van and her car. Plaintiff, and her husband derivatively, sued defendant New...

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