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AMALGAMATED DWELLINGS, INC. v. HILLMAN HOUSING CORPORATION

299 A.D.2d 199 (2002)

749 N.Y.S.2d 251

AMALGAMATED DWELLINGS, INC., Appellant-Respondent, v. HILLMAN HOUSING CORPORATION, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 14, 2002.

The causes of action for an injunction and easement by necessity for repairs to plaintiff's western facade, which abuts the park, were properly dismissed on the ground that plaintiff has a statutory right to seek such access through a special proceeding (RPAPL 881), and, accordingly, is asserting a mere right of convenience, not necessity (see Olin v Kingsbury, 181 App Div 348, 351). However, no such statutory right negates the allegation of necessity with respect...

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