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Real Property Law
License to Enter Neighbor's Property Reversed
Matter of 400 E57 Fee Owner LLC v. 405 East 56th Street LLC NYLJ 5/3/21, p. 18, col. 3 AppDiv, First Dept. (memorandum opinion)
In landowner's action seeking a license to enter neighbor's property to facilitate façade work on landowner's building, neighbor appealed from Supreme Court's grant of a license. The Appellate Division reversed and remanded, concluding that Supreme Court had not adequately considered alternative methods of protecting neighbor's property.
Landowner sought a license pursuant to RPAPL 881 to install overhead roof and terrace protections on neighbor's building. The proposed protections would have been placed directly on top of the floors of neighbor's terraces and would prohibit tenants of terraced apartments from using the terraces. Supreme Court nevertheless granted landowner the license, and neighbor appealed.
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