ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06416
Area of lawPersonal Injury and Negligence · Labor Law and Construction Accidents
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06416
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1711

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.

Read how Law Watch works

Published November 4, 2026. Updated November 4, 2026.