Sunrise Jewish Center of Valley Stream, Inc. v. Lipko

Bernard 8. Meyer, J.

In this special proceeding under section 881 of the Beal Property Actions and Proceedings Law, petitioner seeks a compulsory license to enter upon respondents’ land. The petition states that the license is required in order to make the south wall of its building waterproof; an accompanying affidavit describes the repairs more specifically as: ‘1 to apply stucco to the entire south wall of the building to repair cracks in the wall and to re-align the gutters and leaders ”. Bespondents have interposed an answer which does not directly admit or deny the allegations of the…