Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05776
Kawik v Port Auth. of N.Y. & N.J.
Read the official decision: 2026 NY Slip Op 05776
Holding The Appellate Division reversed the lower court’s dismissal of the complaint against the City of New York, finding that the documentary evidence failed to conclusively establish that the City was an out-of-possession landlord without a duty to maintain the premises. The court determined that significant factual disputes remained regarding whether the City retained control or affirmatively created the defective condition that caused the plaintiff’s injury.
The court’s words
the City retained "ownership and control" over the "Retained Water System Property"
2026 NY Slip Op 05776, at the official text
the City failed to conclusively establish a defense as a matter of law
2026 NY Slip Op 05776, at the official text
no significant dispute existed as to whether the City was an out-of-possession landlord
2026 NY Slip Op 05776, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05776 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05776 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 999 |
Recommended citation
ESQ HQ, New York Law Watch, Kawik v Port Auth. of N.Y. & N.J., 2026 NY Slip Op 05776 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05776/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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