MATTER OF CUCS HOUSING DEVELOPMENT FUND CORPORATION IV v. AYMES

159303/18. 11471. 11470.

183 A.D.3d 404 (2020)

121 N.Y.S.3d 604

2020 NY Slip Op 02711

In the Matter of CUCS Housing Development Fund Corporation IV et al., Respondents, v. Clifford S. Aymes, Appellant.

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

Decided May 7, 2020.


Petitioners commenced this special proceeding pursuant to RPAPL 881 seeking a license to access and protect respondent's property from damage during construction on petitioners' adjoining property. In this instance, where the Department of Buildings rejected respondent's challenge to petitioners' plan and no CPLR article 78 proceeding was filed, we take no position on the merits.

"[A]n action for injunctive relief is the appropriate remedy of an aggrieved property...

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