MATTER OF AREP FIFTY-SEVENTH, LLC v. PMGP ASSOC., L.P.

8730, 101320/12.

101 A.D.3d 440 (2012)

955 N.Y.S.2d 40

2012 NY Slip Op 8416

In the Matter of AREP FIFTY-SEVENTH, LLC, Respondent, v. PMGP ASSOCIATES, L.P., Appellant.

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

December 6, 2012.


In this proceeding, petitioner sought a license directing that respondent remove a five-foot section of a sidewalk construction bridge, properly placed in front of petitioner's property, to allow petitioner to erect a crane for its construction project. The court erred in granting the petition. RPAPL 881, 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 premises when those improvements...

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