Although the sidewalk sheds and scaffolding adorning buildings and covering sidewalks all over New York City may be unsightly and irksome to some, such temporary protective equipment serves an important purpose of protecting pedestrians and adjacent properties during construction projects of neighboring properties. Moreover, property owners and developers are required to install the protective equipment on their neighbors’ buildings pursuant to the New York City Building Code (the Code), when they are performing construction work on their own building.
In this program, we will cover the nuts and bolts of negotiating and drafting access agreements (aka license agreements) for access to an adjacent owner’s property install Code-required temporary protection. In addition, we will cover commencing and defending RPAPL § 881 proceedings for court-ordered access when the negotiations of the access agreements fall apart, as well as the developing case law surrounding RPAPL § 881 proceedings.
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