Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05937
Fung v Exxon Mobil Oil Corp.
Read the official decision: 2026 NY Slip Op 05937
Holding The Appellate Division affirmed the dismissal of the complaint against the abutting property owner because the defendant established that the City of New York controlled the fire hydrant that caused the plaintiff’s fall. The court determined that the property owner did not create the dangerous condition, make negligent repairs, or violate a statute imposing liability for the specific hazard.
The court’s words
the owner of real property abutting any sidewalk . . . shall be liable for any injury to property or personal injury . . . proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition
2026 NY Slip Op 05937, at the official text
the plaintiff failed to demonstrate that discovery might lead to relevant evidence or that facts essential to justify opposition to the motion were exclusively within Bolla's knowledge or control
2026 NY Slip Op 05937, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05937 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05937 |
| 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 | 1174 |
Recommended citation
ESQ HQ, New York Law Watch, Fung v Exxon Mobil Oil Corp., 2026 NY Slip Op 05937 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05937/
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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