Balsam v. Delma Engineering Corp.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 4, 1992, which denied defendants-appellants’ separate motions for summary judgment dismissing plaintiffs’ complaint and all cross claims and counterclaims against each of them, unanimously affirmed, without costs.

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’…