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Adam Leitman Bailey, P.C. Wins Another Matter Under Real Property Actions And Proceedings Law (“RPAPL”) Section 881 – Essential Construction Granted During Pandemic

By Jeffrey R. Metz


A large real estate owner (“Petitioner”) in New York City retained Adam Leitman Bailey, P.C. to file an action under Real Property Actions and Proceedings Law (“RPAPL”) Section 881 to obtain an order for access to the adjoining property owner’s (“Respondent”) building in order to install the temporary protections required under the New York Department of Buildings Code.

In January, 2020, Petitioner had attempted in good faith to negotiate a license agreement with Respondent for the installation of temporary protections on the Respondent’s building in order for Petitioner to proceed with the necessary repairs to its building required under Local Law 11.  However, notwithstanding Petitioner’s good faith efforts to negotiate licensed access, Respondent entirely ignored Petitioner’s efforts to protect its building.

In March, 2020, Petitioner discovered defective conditions on in the façade of its building that could result in a partial building collapse.  In order to proceed with the repairs, it was imperative for Petitioner to immediate gain access to the Respondent’s building to install temporary protections and create the controlled access zone.  However, because of the Covid-19 pandemic, the New York Supreme Courts had instituted severe limitations on matters being heard before the courts to only “essential” issues.   

Accordingly, in order to get the attention of the Court, it was pivotal that the attorneys at Adam Leitman Bailey, P.C. first demonstrate that the matter was “essential,” and must be heard. The firm immediately drafted papers showing  that immediate court intervention was necessary and the Administrative Judge for the Court agreed. 

The matter was thus deemed essential and resulted in conferences and a hearing via video conferencing  before a Supreme Court Justice who granted the client’s petition under RPAPL Section 881.  

Jeffrey R. Metz, Esq. and Joanna C. Peck, Esq. represented Petitioner on behalf of Adam Leitman Bailey, P.C. in this action.

Related Practices

Real Estate Litigation

Related Attorneys

Jeffrey R. Metz Joanna C. Peck

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS