In this action to recover damages for injuries sustained after plaintiff struck their head on a wall-mounted air conditioner located outside their room at a Montauk, New York resort, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, determined that the defendant was not entitled to summary judgment because its moving papers had failed to meet its prima facie burden on its asserted “open and obvious” defense and had likewise failed to establish that it had not created the hazardous condition.
