Legal Opinion

AREP Fifty-Seventh, LLC v. PMGP Associates, L.P.

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2012Published

1Opinion of the Court

*441In this proceeding, petitioner sought a license directing that respondent remove a five-foot section of a sidewalk construction bridge, properly placed in front of petitioner’s property, to allow petitioner to erect a crane for its construction project. The court erred in granting the petition. RPAPL 881, 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 premises when those improvements or repairs cannot be made without such entry, has no application here. Petitioner did not seek a license for “entry”…

2Cases cited1 opinion

  1. Lincoln Spencer Apartments, Inc. v. Zeckendorf-68th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 2011

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