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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
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05937
Area of lawPersonal Injury and Negligence
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05937
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1174

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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Published October 14, 2026. Updated October 14, 2026.