MOSKOWITZ v. PAVARINI McGOVERN LLC

4182, 100336/08.

83 A.D.3d 438 (2011)

922 N.Y.S.2d 284

HERBERT MOSKOWITZ, Doing Business as MANHATTAN REALTY COMPANY, Respondent, v. PAVARINI McGOVERN LLC, Appellant, et al., Defendants.

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

Decided April 7, 2011.


The parties' settlement agreement permitted defendant to enter plaintiff's property to erect certain protection over plaintiff's fire escape. This protection was made necessary when the Department of Buildings issued a notice of violation with a stop work order in connection with defendant's construction project on the adjacent property. The settlement agreement provided that defendant would require access to plaintiff's roof until May 24, 2008 and that it would pay plaintiff...

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