From Casetext: Smarter Legal Research

Magliore v. Severe

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 592 (N.Y. App. Div. 1991)

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.


Summaries of

Magliore v. Severe

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 592 (N.Y. App. Div. 1991)
Case details for

Magliore v. Severe

Case Details

Full title:FRITZ MAGLIORE, Appellant, v. SIMPHORE P. SEVERE, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1991

Citations

172 A.D.2d 592 (N.Y. App. Div. 1991)