Grill and Welch Victorious In Special Proceeding Seeking Access To Neighboring Property

August 9, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction

David M. Grill and Michael Welch were successful in obtaining a license on behalf of our client to access its neighbors property for the purpose of assessing possible damage caused to its building.  Our client contends that a portion of its building was damaged during its neighbors construction project.  The only way to assess the damage, and the remediation work required to repair any damage, was to view our client’s building from its neighbors property.  However, the adjoining property owner refused to grant our client access.  Accordingly, we were forced to commence a special proceeding, pursuant to RPAPL Section 881, to compel the court to grant a license in favor of our client to inspect its property.  The Court opined that, based upon the expert testimony submitted by our client regarding the possible damage and need for access to the neighboring property to inspect our client’s property to conduct a proper inspection, a license should be granted.

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