Krosky v. County of Schenectady

Appeal from an order of the Supreme Court (Lomanto, J.), entered March 15, 1996 in Schenectady County, which granted plaintiffs motion to set aside the verdict and ordered a new trial on limited issues.

Plaintiff, a resident of a skilled nursing facility owned and operated by defendant, was injured when she fell from the window of her second-floor room. Although the window had been fitted with stopping screws to prevent it from opening more than six inches on either side, a postaccident investigation revealed that the screws were not in place and that the right side of the window had been…