Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06416
DSSR Realty Corp v President Sai II, LLC
Read the official decision: 2026 NY Slip Op 06416
Holding The court granted summary judgment on liability to the plaintiffs, finding that the defendants were strictly liable for property damage caused by excavation under the New York City Building Code. The court affirmed the denial of the defendant’s motion to dismiss the claim as time-barred because the property continued to sustain damages within the statutory period.
The court’s words
New York City Building Code (Administrative Code of City of NY, tit 28, ch 7) § BC 3309.4 imposes strict or absolute liability
2026 NY Slip Op 06416, at the official text
The allegedly poor preexisting condition of the Union Street property does not factor into a proximate cause analysis
2026 NY Slip Op 06416, at the official text
The plaintiffs' submissions demonstrated, prima facie, that the Union Street property continued to sustain damages within the statutory period
2026 NY Slip Op 06416, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06416 |
| Area of law | Personal Injury and Negligence · Labor Law and Construction Accidents |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06416 |
| 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 | 1711 |
Recommended citation
ESQ HQ, New York Law Watch, DSSR Realty Corp v President Sai II, LLC, 2026 NY Slip Op 06416 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06416/
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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