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.”