RPAPL §881—License To Permit Use of Adjacent Property During Construction Denied—Constant Unapproved Changes to Construction Plans Did Not Rise to The Level of Proof Required by RPAPL §881 and Permanent Change to Respondent's Property Preclude the Granting of a §881 License—No Reimbursement of Expert and Attorney Fees When License Is Not Granted

A petitioner moved pursuant to RPAPL §881 (§881), for a license to enter upon the respondent's property "for an extended period of time." The respondent opposed the application and counterclaimed for reimbursement of expert fees, attorney fees and costs.