MATTER OF LINCOLN SPENCER APARTMENTS, INC. v. ZECKENDORF-68TH STREET ASSOCIATES

Nos. 5840, 112676/10.

88 A.D.3d 606 (2011)

931 N.Y.S.2d 69

2011 NY Slip Op 7512

In the Matter of LINCOLN SPENCER APARTMENTS, INC., Respondent, v. ZECKENDORF-68TH STREET ASSOCIATES, Respondent, and THE COPLEY CONDOMINIUM AND CLUB, Appellant.

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

Decided October 25, 2011.


RPAPL 881 is the means by which a landowner seeking "to make improvements or repairs" to its property may seek a license to enter an adjoining landowner's property when those "improvements or repairs cannot be made" without such entry. Here, the court erred by granting petitioner a license to access Copley's roof because petitioner failed to "state the facts making such entry necessary," as the statute requires (id.). The petition, and the affidavit of a "senior associate...

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