The following e-filed documents, listed by NYSCEF document numbers (Motion 001) 2, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 72, 73, 74, 76, 77, 78, 79, 80, 81, 82, and 85 were read on this R.P.A.P.L. SPECIAL PROCEEDING. DECISION, ORDER JUDGMENT ON MOTION Upon the foregoing documents, the petition of West 125th Development LLC (“petitioner”) for a license to enter adjoining property pursuant to RPAPL 881 is granted, for the reasons set forth in the petition and supplemental submissions (NYSCEF Doc. Nos. 1, 3-4, 52-54, 78-79) and the exhibits attached thereto, in which the court concurs, as summarized herein. The following is, unless otherwise stated, undisputed. Petitioner is the owner and developer of the premises located at 35 West 125th Street, New York, New York, and 33 West 125th Street, New York, New York (the “property”), upon which it wishes to build a 21-story mixed-use commercial building. Respondents are owners of the surrounding premises. Specifically, respondent Jeemi Song owns the property located at 46 West 126th Street; respondent ECDO Houses Associates Limited Partnership (“ECDO”) owns the property located at 44 West 126th Street; respondent 42 West 126th Realty Corp. (“42 West”) owns the property located at that address; respondent W 126 Group LLC (“W 126″) owns the property located at 40 West 126th Street; respondent 36 West 126th Street Realty LLC (“36 West”) owns the property located at that address; respondent BVK 55 West 125th Street, LLC (“BVK”) owns the property located at that address; and respondent Dul Dul Realty, LLC (“Dul Dul”), owns the properties located at 31 West 125th Street (the “125th Street property”) and 34 West 126th Street (the “126th Street property”) (verified petition, NYSCEF Doc. No. 1,
4-11). Petitioner’s property abuts the properties owned by respondents, as well as the property located at 50 West 126th Street, whose owner is not a party to this proceeding (id., 12). Plaintiff has discontinued this proceeding against respondents Song and BVK (NYSCEF Doc. Nos. 83, 84), and has an agreement with the owner of 50 West 126th Street (Cusack reply affirmation, NYSCEF Doc. No. 52, 20). Respondents ECDO, 42 West, W 126, and 36 West have defaulted in answering the petition. Accordingly, the remaining dispute is between petitioner and Dul Dul. The parties have been negotiating the terms of a license since prior to the commencement of this special proceeding, and each side accuses the other of not negotiating in good faith. At the outset, petitioner asserted that it needed access to respondents’ properties in order to install “overhead protections, roof protections, and a construction fence,” as well as to perform a preconstruction survey (verified petition, NYSCEF Doc. No. 1, 14; Menzak aff., NYSCEF Doc. No. 4,
