Grill, Riverso & Honig Victorious on Behalf of Major Developer

April 15, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction

David M. Grill, Pia E. Riverso and Jeremy Honig secured an order from New York County Supreme Court granting access to a major developer to enter upon adjoining property to install and read monitoring devices and to install and maintain overhead protection as required by the Building Code of the City of New York.  After months of negotiations directly between the parties failed to yield an access agreement, the Developer filed a petition pursuant to Real Property Actions and Proceeding Law Section 881 seeking a license agreement to enter upon the adjacent property to install and maintain protections required by the New York City Building Code.  In MB-REEC Houston Property Owner, LLC v. The Board of Managers of 179 Ludlow Street Condominium, Index # 158050/2015 (Sup. Ct. N.Y. County) the Court (Cohen, J.) granted the Developer’s Petition  finding that the terms and conditions of the access proposed by the Developer were “just and reasonable under the circumstances, providing for reasonable access by the Petitioner to 179 Ludlow Street, New York, New York, for a reasonable period of time, with sufficient protections as to indemnity and insurances”.

Decision

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