Foceri v. Fazio

Petitioner brings this special proceeding, pursuant. to section 881 of the Real Property Actions and Proceedings Law, for a license to enter on respondent’s premises for five days during a 30-day period in order to make certain repairs to-the side and front walls of petitioner’s premises. The statute, enacted in 1968, provides: ‘ ‘ When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot he made by the owner or lessee without entering the premises of an adjoining owner or his lessee, and permission so to enter has been…