Lincoln Spencer Apartments, Inc. v. Zeckendorf-68th Street Associates

REAFL 881 is 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 property when those “improvements or repairs cannot be made” without such entry. Here, the court erred by granting petitioner a license to access Copley’s roof because petitioner failed to “state the facts making such entry necessary,” as the statute requires (id.). The petition, and the affidavit of a “senior associate” submitted for the first time in petitioner’s reply papers, conclusorily state that access to Copley’s roof was necessary.…