MATTER OF N47 ASSOC. LLC v. JEMSCO REALTY LLC

Index No. 15921/20. Appeal No. 16025-16025AM-01493. Case No. 2021-02638, 2021-03862.

205 A.D.3d 619 (2022)

166 N.Y.S.3d 862

2022 NY Slip Op 03450

In the Matter of N47 Associates LLC, Respondent, v. Jemsco Realty LLC, Appellant.

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

Decided May 26, 2022.


Attorney(s) appearing for the Case

Gordon & Haffner, LLP, Harrison ( Steven Haffner of counsel), for appellant.

Rivkin Radler, LLP, New York ( Pia E. Riverso of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Pitt, JJ.


In this special proceeding under Real Property Actions and Proceedings Law § 881, Supreme Court properly exercised its discretion to grant petitioner interim access to respondent's property. Access was necessary so that petitioner could, among other things, remove items that extended from respondent's property into petitioner's property and avoid any delay in the construction on petitioner's property pending determination of respondent's encroachment claims.

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