Justice Augustus Agate
Landlord commenced this special proceeding seeking to obtain access to tenant Scneider’s property to repair the wall of its building, which leaked when it rained. A prior petition was denied with leave to renew. Landlord now amended the application, including an affidavit from a licensed construction contractor setting forth the type of, the duration of and the exact need for the repairs. Landlord claimed repairs could not be made without entering Scneider’s premises, and permission was refused. The court stated that after weighing the interests of the adjoining property owners, it found landlord was entitled to access Scneider’s property under Real Property Action and Proceedings Law §881. It noted the affidavit of the licensed contractor sufficiently explained the necessity of the work, described the work to be done, and landlord obtained adequate insurance, naming Scneider as an additional insured. The court ruled §881 gave Scneider sufficient legal remedies as it subjected the licensee to full liability for "actual damages" that may occur as a result of the entry. Therefore, the court granted landlord’s application, granting it and the contractor a license to enter Scneider’s property.
