FILED: WESTCHESTER COUNTY CLERK 02/03/ :14 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/03/2017

Similar documents
FILED: NEW YORK COUNTY CLERK 07/11/ :31 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2017

FILED: KINGS COUNTY CLERK 01/13/ :11 AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/17/2017

ENTRY UPON NEIGHBORING PROPERTIES FOR CONSTRUCTION. Brian G. Lustbader, Esq. SCHIFF HARDIN LLP November 2013

FILED: NEW YORK COUNTY CLERK 05/02/2012 INDEX NO /2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2012

FILED: NEW YORK COUNTY CLERK 02/18/ :03 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/18/2015

Lisa Shaw, Karen Sprowal, Shino Tanikawa, Index No Isaac Carmignani,On Behalf of Themselves and their Children,,

FILED: NEW YORK COUNTY CLERK 01/12/ :05 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2016

FILED: NEW YORK COUNTY CLERK 11/06/ :59 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2016

FILED: KINGS COUNTY CLERK 11/02/ /16/ :25 04:16 PM INDEX NO /2015 NYSCEF DOC. NO RECEIVED NYSCEF: 11/02/2016

FILED: NEW YORK COUNTY CLERK 06/14/ :52 AM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2016

FILED: NEW YORK COUNTY CLERK 12/06/2010 INDEX NO /2010

Van Dorn Holdings, LLC v 152 W. 58th Owners Corp NY Slip Op 31598(U) August 19, 2016 Supreme Court, New York County Docket Number: /2015

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

FILED: WESTCHESTER COUNTY CLERK 05/07/2012 INDEX NO /2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2012

FILED: QUEENS COUNTY CLERK 08/14/ :01 PM INDEX NO /2017 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 08/14/2018

FILED: NEW YORK COUNTY CLERK 03/08/ :32 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2016

Case 1:10-cv JSR Document 77 Filed 02/18/11 Page 1 of 13

FILED: NEW YORK COUNTY CLERK 09/11/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/11/2013

Third-Party Plaintiff, Third-Party Defendant x YOU ARE HEREBY SUMMONED, to answer the Complaint of the

MEETING NOTICE ARCHITECTURAL REVIEW BOARD PUBLIC MEETING

FILED: NEW YORK COUNTY CLERK 04/03/ :57 PM INDEX NO /2016 NYSCEF DOC. NO RECEIVED NYSCEF: 04/03/2018

FILED: KINGS COUNTY CLERK 03/28/ :51 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/28/2017

FILED: KINGS COUNTY CLERK 02/23/ :39 PM INDEX NO /2016 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 02/23/2018

FILED: NEW YORK COUNTY CLERK 03/19/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 03/19/2018

FILED: NEW YORK COUNTY CLERK 06/07/ :35 PM INDEX NO /2016 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/07/2017. Exhibit A

FILED: NEW YORK COUNTY CLERK 12/14/ :34 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14/2016

To the above named Defendants:

FILED: NEW YORK COUNTY CLERK 09/13/ :43 PM INDEX NO /2015 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/13/2016. Exhibit 1

FILED: NEW YORK COUNTY CLERK 07/06/ :22 PM INDEX NO /2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 07/06/2018

FILED: NASSAU COUNTY CLERK 12/14/ :53 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2018

Case 1:13-cv DJC Document 1 Filed 05/17/13 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Plaintiff, Defendant.

FILED: NEW YORK COUNTY CLERK 05/11/ :52 PM INDEX NO /2016 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 05/11/2018

Filing # E-Filed 12/01/ :28:55 PM

FILED: NEW YORK COUNTY CLERK 08/07/ :29 PM INDEX NO /2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/07/2017 EXHIBIT 1

FILED: NEW YORK COUNTY CLERK 01/12/ :18 PM INDEX NO /2016 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/12/2018

FILED: KINGS COUNTY CLERK 08/02/ :23 AM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/02/2016

Matter of Skyhigh Murals-Colossal Media Inc. v Board of Stds. and Appeals of the City of N.Y NY Slip Op 30088(U) January 13, 2017 Supreme

Case: 1:14-cv SO Doc #: 50 Filed: 07/15/15 1 of 7. PageID #: 438 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

KIERA MAGUIRE, PROOF OF SERVICE Plaintiff,: -against- Index No.: /2017

Sentinal Ins. Co. v Madison Ave. LLC 2018 NY Slip Op 32863(U) November 2, 2018 Supreme Court, New York County Docket Number: /18 Judge:

Case Document 735 Filed in TXSB on 05/28/18 Page 1 of 8

FILED: BRONX COUNTY CLERK 11/09/ :43 PM

MINUTES PLANNING BOARD PUBLIC HEARING

Case 1:16-cv LTS Document 5 Filed 08/08/16 Page 1 of 9. Plaintiff, Defendants.

FILED: NEW YORK COUNTY CLERK 11/18/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 11/18/2016

FILED: NEW YORK COUNTY CLERK 08/11/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/11/2017

FILED: NEW YORK COUNTY CLERK 06/09/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/09/2017

FILED: NEW YORK COUNTY CLERK 08/25/ :18 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2016

FILED: BRONX COUNTY CLERK 02/14/ :36 PM INDEX NO /2014E NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 02/14/2017

CORPORATION OF THE TOWNSHIP OF HAMILTON BY-LAW NUMBER 2011-XX

B Y - L A W N U M B E R

THE CITY OF VAUGHAN BY-LAW NUMBER

FILED: NEW YORK COUNTY CLERK 10/20/ :37 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/20/2014

FILED: BRONX COUNTY CLERK 03/27/ :27 PM INDEX NO /2016E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/27/2018

FILED: NEW YORK COUNTY CLERK 05/10/ :36 PM INDEX NO /2016 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/10/2017

Petition seeking compensation for alleged unpaid work denied. Claim dismissed as untimely. NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS

Case 5:16-cv DMG-SP Document 1 Filed 12/27/16 Page 1 of 11 Page ID #:1

FILED: NEW YORK COUNTY CLERK 06/22/ :20 PM INDEX NO /2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/22/2018

Case 7:16-cv NSR Document 5 Filed 12/29/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

Weimar v City of Mount Vernon 2013 NY Slip Op 34129(U) January 17, 2013 Supreme Court, Westchester County Docket Number: 67079/12 Judge: Mary H.

FILED: NEW YORK COUNTY CLERK 01/10/ :11 PM INDEX NO /2016 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/10/2017

FILED: NEW YORK COUNTY CLERK 07/06/ :08 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2018

FILED: NEW YORK COUNTY CLERK 07/01/ :00 AM INDEX NO /2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/01/2017

ARTICLE 7 WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES

FALL RIVER REDEVELOPMENT AUTHORITY

Booso v City of New York 2013 NY Slip Op 31878(U) August 8, 2013 Sup Ct, New York County Docket Number: /2010 Judge: Kathryn E.

)(

In the Matter of Michael Masullo, appellant, City of Mount Vernon, et al., respondents.

FILED: NEW YORK COUNTY CLERK 02/20/ :40 PM INDEX NO /2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/20/2018

SUB-ANALYSIS. Title CONSTRUCTION LICENSING, PERMITS AND REGULATION

FILED: NEW YORK COUNTY CLERK 06/19/ :05 PM INDEX NO /2015 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2015

San-Dar Assoc. v Fried 2014 NY Slip Op 31027(U) April 17, 2014 Sup Ct, New York County Docket Number: /12 Judge: Jeremy R.

FILED: NEW YORK COUNTY CLERK 10/03/ :34 AM INDEX NO /2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/03/2014

Case 1:14-cv N/A Document 6 Filed 08/26/14 Page 1 of 12 UNITED STATES COURT OF INTERNATIONAL TRADE COMPLAINT

FILED: KINGS COUNTY CLERK 10/13/ :25 AM INDEX NO /2016 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/13/2016

Case 3:12-cv DPJ-FKB Document 10 Filed 06/28/12 Page 1 of 10

FILED: NEW YORK COUNTY CLERK 03/21/ :31 AM INDEX NO /2016 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/21/2017

FILED: BRONX COUNTY CLERK 03/27/ :27 PM INDEX NO /2016E

FILED: KINGS COUNTY CLERK 06/08/ /30/ :11 03:00 PM INDEX NO /2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/08/2015

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

FILED: KINGS COUNTY CLERK 07/05/ :46 AM INDEX NO /2016 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/05/2017

FILED: NEW YORK COUNTY CLERK 04/27/ :04 PM INDEX NO /2016 NYSCEF. DOC. NO. 13 RECEIVED NYSCEF: 04/27/2018

FILED: NEW YORK COUNTY CLERK 08/31/ :53 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2017

FILED: BRONX COUNTY CLERK 09/15/ :36 PM INDEX NO /2016E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2016

FILED: NASSAU COUNTY CLERK 01/05/ :29 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2018

FILED: NEW YORK COUNTY CLERK 08/30/ :20 AM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2016

FILED: KINGS COUNTY CLERK 09/22/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/22/2016. Exhibit D {N

THE TOWNSHIP OF WILMOT BY-LAW NO

FILED: NEW YORK COUNTY CLERK 01/05/ :16 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2018

FILED: NEW YORK COUNTY CLERK 06/07/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/07/2016

SIDEWALK CONSTRUCTION PARTICIPATION AGREEMENT

FILED: NEW YORK COUNTY CLERK 12/18/ :36 PM INDEX NO /2017 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 12/18/2017

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

FILED: KINGS COUNTY CLERK 06/01/ :49 PM INDEX NO /2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/01/2017

Case 4:15-cv JED-FHM Document 2 Filed in USDC ND/OK on 08/17/15 Page 1 of 11

FILED: NEW YORK COUNTY CLERK 02/06/ :34 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/06/2017

FILED: KINGS COUNTY CLERK 08/18/ :11 PM INDEX NO /2016 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 08/18/2017

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER

FILED: NEW YORK COUNTY CLERK 09/28/ :27 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/28/2016

FILED: NEW YORK COUNTY CLERK 01/02/ :16 PM INDEX NO /2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 01/02/2018

Transcription:

SUPREME COURT OF STATE OF NEW YORK COUNTY OF WESTCHESTER BLUE RIO LLC, v. FRANK DELEONARDIS, Petitioner, Respondent. Index No. PETITION Petitioner, Blue Rio LLC, by its attorneys, Emery Celli Brinckerhoff & Abady LLP, for its Petition alleges as follows: PRELIMINARY STATEMENT 1. Petitioner seeks a license to enter onto Respondent s premises for the limited purpose of protecting Respondent s building from any impact from the final construction of Petitioner s adjacent property. 2. This license is necessary because Respondent has (a) insisted his property be protected; (b) refused access to his property without the payment of $40,000; (c) caused the City of Mount Vernon to issue stop work orders on Petitioner s project; and (d) threatened to cause future stop work orders to be issued, if his demands are not met. 3. Accordingly, Petitioner seeks a license under N.Y. Real Property Actions Law 881 for necessary access to Respondent s premises to protect Respondent s roof. PARTIES 4. Petitioner Blue Rio LLC is a limited liability company duly organized and existing under the laws of the State of Connecticut with an address c/o Atlantic Development Group, LLC, 183 Madison Avenue, Suite 1601, New York, NY 10016. 1 1 of 8

Petitioner is the fee owner of the premises known by the street address 203 Gramatan Avenue, Mount Vernon, New York (the 203 Premises ). 5. Respondent Frank DeLeonardis, on information and belief, is the fee owner of real property adjacent to the 203 Premises known by the street address of 177 Gramatan Avenue, Mount Vernon, New York (the 177 Premises ). The 177 Premises abuts the southern façade of the 203 Premises. JURISDICTION & VENUE 6. This action arises under N.Y. Real Property Actions Law 881. 7. Jurisdiction over the Respondent is appropriate under CPLR 301. 8. Westchester County is the appropriate venue under CPLR 507. FACTUAL ALLEGATIONS 9. Petitioner is constructing a building on the 203 Premises (the 203 Building ). The Proposed License 10. Petitioner seeks a license to enter onto the adjacent 177 Premises to install and later remove roof protection (the Requested Licensed Activities ). As set forth in the accompanying affidavit of Meredith Brake, the Requested Licensed Activities are intended for the direct benefit of the 177 Premises. These licensed activities are needed to accommodate Respondent, protect his building, and ensure the safety of those in and around the construction project. 11. The anticipated time period for the Requested Licensed Activities is four months. The proposed work will be performed at Petitioner s sole cost and expense. 12. Petitioner will access Respondent s roof from Petitioner s building and only when it is engaged in the Requested Licensed Activities. 2 2 of 8

N.Y. Real Property Actions Law 881 13. N.Y. Real Property Actions Law 881 provides as follows: When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering the premises of an adjoining owner or his lessee, and permission so to enter has been refused, the owner or lessee seeking to make such improvements or repairs may commence a special proceeding for a license so to enter pursuant to article four of the civil practice law and rules. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. Such license shall be granted by the court in an appropriate case upon such terms as justice requires. The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry. 14. In this case, Petitioner is in the process of constructing the 203 Premises. In order to protect the roof of Respondent s neighboring building during that construction, Respondent needs to access the roof of the Premises. Respondent has refused permission for Petitioner to enter upon the roof of the Premises. Accordingly, Petitioner seeks a license to access the roof of the 177 Premises for a period of four months to install and later remove roof protection. Petitioner shall be liable to Respondent for actual damages occurring as a result of the entry. The License Dispute between Respondent and Petitioner 15. Negotiations between Petitioner and Respondent over privately negotiated access to the 177 Premises have broken down. Respondent is demanding $40,000 for access to the 177 Premises and has stated that he has the ability to have the Mount Vernon Department of Buildings ( DoB ) shut down Petitioner s site if he is not paid. 16. By mutual agreement, Respondent previously allowed Petitioner access to the 177 Premises roof for construction staging. A series of disputes arose over that access, 3 3 of 8

including whether and to what extent damage had been caused to the 177 Premises and the extent to which any such damage had been remediated. 17. In the course of negotiating a subsequent license to access Respondent s roof, the parties could not agree on the appropriate fees for the license and repair work. Petitioner viewed the license fee of $20,000 as improper given Petitioner s right under N.Y. Real Property Actions Law 881 to access Respondent s roof for necessary work. In addition, Respondent s repair demand of $23,355 (since lowered to $20,000) was well in excess of Petitioner s cost estimate of $10,425 for the same work. 18. Because of the dispute and the unreasonable monetary demands made by Respondent, Petitioner changed its work plan so that it would no longer need to stage any construction work from the 177 Premises roof. Petitioner instead plans to perform the necessary work within the perimeter of its own rooftop and has revised its drawings to install copers as an extension of its roof cap. As a result, Petitioner no longer requires access to Respondent s roof to complete work on its project. 19. The buildings do, however, still abut each other. Accordingly, Petitioner wrote to the City of Mount Vernon to ask if there is any law, rule, regulation, or ruling of the City that requires Petitioner to pay to access Respondent s roof, for any purpose. To date, Petitioners have received no reply. In addition, out of an abundance of caution, Petitioner offered to install protection on Respondent s roof. Petitioner not only offered to do this at Petitioner s expense, it also offered to pay Respondent $1,500 for access to the roof. (Petitioner also offered to pay $10,425 for the repairs that Respondent claims but Petitioner disputes were Petitioner s responsibility.) In addition, Petitioner offered 4 4 of 8

Respondent an indemnity and $1 million in liability insurance for actions relating to the license. 20. In response to Petitioner s offer, Respondent continued to demand $40,000 to enter into the proposed license agreement. In addition, Respondent threatened Petitioner that, if Petitioner does not pay the sum demanded, Respondent will ensure that stop work orders are issued by the DoB to prevent the completion of Petitioner s project. Respondent s demands are evidenced in letters he sent Petitioner on January 9, 18, and 19, 2017. 21. As to the ongoing dispute about the license fee, the improper nature of Respondent s demand is demonstrated by the fact that Respondent demanded four times Petitioner s estimate of the disputed damages and threatened (and is apparently receiving) the backing of Mt. Vernon officials in collecting this sum. This petition, of course, does not seek to and will not extinguish any claim Respondent may have with respect to prior damages. It seeks only the access to which Petitioner is entitled by law. Respondent s Interference with the Project 22. Respondent s threat comes amidst unusual activity aimed at the 203 Premises building site. For example, on December 13, 2016, the site was beset by a swarm of DoB inspectors and other City regulators. Despite an extraordinary series of inspections, not one inspector found a basis to shut the site down on December 13 or even issue a violation to Petitioner. Nonetheless, two weeks later on December 30, 2016, the Deputy Commissioner of Mount Vernon s Department of Buildings, Curtis Woods, shut the site down without explanation. 5 5 of 8

23. Four days after the December 30 stop work order, on January 3, 2017, Respondent contacted Petitioner and informed it that if it agreed to pay for the license agreement, Respondent would arrange to have the stop work order lifted. 24. Later that day, Petitioner s representatives met in person with Deputy Commissioner Woods to discuss the stop work order. Deputy Commissioner Woods informed Petitioner s representatives that: the stop work order related to Respondent s roof; Mount Vernon Mayor s office directed Deputy Commissioner Woods to deal with Respondent on this matter; the Mayor s office was involved in the decision to issue the stop work order; and Respondent s issues needed to be resolved before the stop work order would be lifted. 25. Although ostensibly triggered by Respondent s roof, the stop work order inexplicably covered both exterior and interior construction. At Petitioner s initiative, the stop work order as to interior work was lifted on January 4, 2017, after a construction delay of four days. 26. On January 9, Respondent, a private citizen, wrote a letter to Petitioner, again demanded payment for entry into the license agreement, and warned: I am sure that you realize that this order can be reimposed. The publicity generated will not be good for your company or for the City of Mount Vernon. 27. In a conversation with Petitioner on January 13, Deputy Commissioner Woods indicated that he was getting direction on the stop work order issue from the Mayor s office and that he couldn t give concrete answers to direct questions because he was waiting for their input. He indicated that if Petitioner did not get the license 6 6 of 8

agreement with Respondent completed, Woods would be forced to issue another stop work order on the project. 28. The following week, on January 19, 2017, Deputy Commissioner Woods told Petitioner that three outstanding permits that Petitioner had filed in May and June 2016 (for Fire Alarm, Mechanical, and Generator) were still under review. 29. On January 20, Petitioner wrote to Deputy Commissioner Woods, described the Respondent s extortionate demand for over $40,000 for a license to access Respondent s roof for the purpose of protecting it, and expressly asked whether the City of Mount Vernon required Petitioner to obtain such access as a condition of completing the exterior work on the 203 Premises. There has been no reply. 30. Petitioner has initiated this action to be able to obtain necessary access to the 177 Premises as provided by section 881 to finish its construction project. FIRST CAUSE OF ACTION Special Proceeding for a License Pursuant to N.Y. Real Prop. Acts. Law 881 31. Petitioner repeats and realleges the foregoing paragraphs as if the same were fully set forth at length herein. 32. Petitioner seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the Petitioner without entering the premises of Respondent s adjoining building. 33. Respondent has refused entry onto its premises. 34. Accordingly, Petitioner requests a license to enter Respondent s premises from February 15, 2017 to June 15, 2017. 35. No previous application has been made for the relief sought herein. 7 7 of 8

PRAYER FOR RELIEF WHEREFORE, Petitioner respectfully requests the following relief: a. an Order granting Petitioner, its engineers, contractors and consultants a license to enter upon the 177 Premises to conduct the Requested Licensed Activities; and b. Such other and further relief as this Court may deem just and proper. Dated: February 3, 2017 New York, New York EMERY CELLI BRINCKERHOFF & ABADYLLP -~-j_;-l------~ - Andrew G. Celli, Jr. 0. Andrew F. Wilson 75 Rockefeller Plaza, 20 1 h Floor New York, NY 10019 (212) 763-5000 Attorneys for Petitioner 8 8 of 8