Opinion
April 8, 1991
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
We find that there are questions of fact concerning whether the window in the plaintiff's room was "jammed" shut, whether the defendant was negligent in permitting the window to be "jammed", and, if so, whether that condition was a proximate cause of the plaintiff's injuries (see, Buckingham v. Donarry Realty Corp., 25 A.D.2d 722, 722-723).
We have considered the plaintiff's other contention and find that it is without merit (see, Morales v. City of New York, 70 N.Y.2d 981, 983-984; East Ramapo Cent. School Dist. v Orangetown-Monsey Hebrew School, 141 A.D.2d 693). Bracken, J.P., Kunzeman, Sullivan and Rosenblatt, JJ., concur.