O'Brien v. Hilton Hotels Corp.

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…