O'Brien v. Hilton Hotels Corp.

Appellate Division of the Supreme Court of New York

O'Brien v. Hilton Hotels Corp.

66 A.D.2d 577, 886 N.Y.S.2d 594

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 22, 2009

StatusPublished

This text of 66 A.D.2d 577 (O'Brien v. Hilton Hotels Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Brien v. Hilton Hotels Corp., 66 A.D.2d 577, 886 N.Y.S.2d 594 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 10, 2009, which, to the extent appealed from as limited by the brief, denied defendant Hilton Hotels Corporation’s motion for summary judgment dismissing the negligence cause of action as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

There is no evidence in the record that defendant had actual notice of any defective condition in the desk that fell on and injured plaintiff, and defendant denied that it had received any complaints about the desk before plaintiff’s injury occurred, thereby establishing that it also lacked constructive notice (see Galbreith v Torres, 9 AD3d 304 [2004]; Peffers v Hilton Hotels Corp., 279 AD2d 386 [2001]). Plaintiff presented no evidence that would raise an issue of fact. Concur—Friedman, J.P., McGuire, Moskowitz, Acosta and DeGrasse, JJ.

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Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 10, 2009, which, to the extent appealed from as limited by the brief, denied defendant Hilton Hotels Corporation’s motion for summary judgment dismissing the negligence cause of action as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

There is no evidence in the record that defendant had actual notice of any defective condition in the desk that fell on and injured plaintiff, and defendant denied that it had received any complaints about the desk before plaintiff’s injury occurred, thereby establishing that it also lacked constructive notice (see Galbreith v Torres, 9 AD3d 304 [2004]; Peffers v Hilton Hotels Corp., 279 AD2d 386 [2001]). Plaintiff presented no evidence that would raise an issue of fact. Concur—Friedman, J.P., McGuire, Moskowitz, Acosta and DeGrasse, JJ.

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Bluebook (online)

66 A.D.2d 577, 886 N.Y.S.2d 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-hilton-hotels-corp-nyappdiv-2009.

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