Riverso, Honig and Han Victorious in Real Estate Developer Court Proceeding

Pia Riverso, Jeremy Honig and Lawrence Han were victorious in a proceeding commenced on behalf of their real estate developer client pursuant to Article 4 of the Civil Practice Law and Rules, and Section 881 of the Real Property Actions and Proceedings Law.  The client’s development project was delayed for over 9 months due to the adjacent property owner’s refusal to permit access to its property in order to install certain statutorily required overhead and roof protections unless the client capitulated to unreasonable demands for the design of the protection and financial compensation.

The Court granted the application and ruled that the client had established its entitlement to an order compelling the adjacent owner to grant access to install the protections and that the adjacent property owner had failed to demonstrate to the Court why such access should not be ordered, or that the proposed change in the scope of the protections was necessary.  Additionally, the Court declined to grant the adjacent owner the requested financial compensation in exchange for granting the access.

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