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O'BRIEN v. HILTON HOTELS CORP.

1276, 23545/03, 83947/08

66 A.D.3d 577 (2009)

886 N.Y.S.2d 594

2009 NY Slip Op 7518

LISA O'BRIEN, Respondent, v. HILTON HOTELS CORPORATION, Appellant, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided October 22, 2009.

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 A.D.3d 304 [2004]; Peffers v Hilton Hotels Corp., 279 A.D.2d 386

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