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.

The respondent’s property and the petitioner’s property share a common wall (south wall). The petition described construction that would occur along the east, south and west sides of the respondent’s property. The work would include, inter alia, removal of the south wall and trees and would involve excavation and foundation work related to such removal. The petitioner claimed that there was “no reasonable alternative to stabilize the (respondent’s property’s) soil then to replace the disturbed soil and install timber lagging to keep the soil in place.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]