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MATTER OF NEW YORK PUB. LIB. v. CONDOMINIUM BD. OF THE FIFTH AVE. TOWER

8749, 157703/17.

170 A.D.3d 544 (2019)

95 N.Y.S.3d 200

2019 NY Slip Op 02045

In the Matter of New York Public Library et al., Respondents, v. Condominium Board of the Fifth Avenue Tower, Appellant.

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

Decided March 19, 2019.

The court providently exercised its discretion in granting NYPL a license pursuant to RPAPL 881, because the inconvenience to the Condo is relatively slight compared to the hardship to NYPL if the license were not granted, and NYPL showed that it was prepared to do all that was feasible to avoid injuries resulting from its entry to the Condo (see Matter of Board of Mgrs. of Artisan Lofts Condominium v Moskowitz, 114 A.D.3d 491, 492...

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