ADDITIONAL CASES Habitat Mosaic Brooklyn, LLC, Petitioner v. Howard Avenue Associates, LP, Respondent; 522452/2023 Habitat Mosaic Brooklyn, LLC, Petitioner v. Prospect Arms, LP, Respondent; 522475/2023 Habitat Mosaic Brooklyn, LLC, Petitioner v. Park Estate 26, LLC, Respondent; 522478/2023 Habitat Mosaic Brooklyn, LLC, Petitioner v. Eghosa Agho and Oghosa Agho, Respondents: 522485/2023 The following papers were read on these special proceedings: Habitat Mosaic Brooklyn, LLC v. Zion 126, Inc., Index No. 522444/2023 Petitioner’s Order to Show Cause, Petition, Affidavit in Support, Exhibits; Respondent’s Notice of Appearance; other documents (NYSCEF Doc Nos. 1-20) Habitat Mosaic Brooklyn, LLC v. Howard Avenue Associates, LP, Index No. 522452/2023 Petitioner’s Order to Show Cause, Petition, Affidavit in Support, Exhibits; other documents (NYSCEF Doc Nos. 1-17) Habitat Mosaic Brooklyn, LLC v. Prospect Arms, LP, Index No. 522475/2023 Petitioner’s Order to Show Cause, Petition, Affidavit in Support, Exhibits; other documents (NYSCEF Doc Nos. 1-19) Habitat Mosaic Brooklyn, LLC v. Park Estate 26, LLC, Index No. 522478/2023 Petitioner’s Order to Show Cause, Petition, Affidavit in Support, Exhibits; Respondent’s Notice of Appearance, Affirmation in Opposition; other documents (NYSCEF Doc Nos. 1-23) Habitat Mosaic Brooklyn, LLC v. Agho, Index No. 522485/2023 Petitioner’s Order to Show Cause, Petition, Affidavit in Support, Exhibits; other documents (NYSCEF Doc Nos. 1-18) DECISION I. Questions Presented Does a not-for-profit corporation formed for the basis of developing housing in coordination with the New York City Department of Housing Preservation and Development as part of the latter’s Urban Development Action Area Project possess standing to maintain a Real Property Actions and Proceedings Law (RPAPL) §881 special proceeding seeking a court-ordered license to encroach upon an adjoining landowner’s property to facilitate developing the housing when the aforesaid corporation does not yet have title to the property which it will develop? II. Introduction This decision is issued in connection with five special proceedings, all commenced by the same petitioner seeking the identical relief: a judgment granting it a license to encroach upon an adjoining landowner’s property to facilitate developing housing in Brooklyn as part of the New York City Department of Housing Preservation and Development’s Urban Development Action Area Project. The property to be developed and the property (in Brooklyn) for which Petitioner seeks a license entitling it to encroach upon is different in each special proceeding: Habitat Mosaic Brooklyn, LLC v. Zion 126, Inc., Index No. 522444/2023: Petitioner will purportedly acquire 175 Buffalo Avenue (Block 1363, Lot 7), and the property which Petitioner seeks a license to encroach upon is 175A Buffalo Avenue (Block 1363, Lot 6). Habitat Mosaic Brooklyn, LLC v. Howard Avenue Associates, LP, Index No. 522452/2023: Petitioner will purportedly acquire 638 Howard Avenue (Block 3511, Lot 64), and the property which Petitioner seeks a license to encroach upon is 642 Howard Avenue (Block 3511, Lot 65). Habitat Mosaic Brooklyn, LLC v. Prospect Arms, LP, Index No. 522475/2023: Petitioner will purportedly acquire 1625 Prospect Place (Block 1363, Lot 60), and the property which Petitioner seeks a license to encroach upon is 1621 Prospect Place (Block 1363, Lot 62). Habitat Mosaic Brooklyn, LLC v. Park Estate 26, LLC, Index No. 522478/2023: Petitioner will purportedly acquire 1831 Park Place (Block 1464, Lot 79), and the property which Petitioner seeks a license to encroach upon is 1829 Park Place (Block 1464, Lot 81). Habitat Mosaic Brooklyn, LLC v. Agho, Index No. 522485/2023: Petitioner will purportedly acquire 398 Howard Avenue (Block 1451, Lot 40), and the property which Petitioner seeks a license to encroach upon is 400 Howard Avenue (Block 1451, Lot 41). The special proceedings came before this Court for argument on October 12, 2023, having been previously adjourned. A request for another adjournment by some of the parties was denied because special proceedings are designed to resolve matters which do not call for extended litigation and are best resolved expeditiously (see Columbus Prop. Inc. v. I S K S Realty Corp., 163 Misc 2d 446, 448 (Civ Ct, NY County 1994). Petitioner Habitat Mosaic Brooklyn, LLC (“Petitioner”) is a New York not-for-profit corporation, which has been designated as the “Developer” through the New York City Department of Housing Preservation and Development, pursuant to a letter of negotiation, with respect to each of the aforementioned real properties it will acquire (the “Properties”) (see NYSCEF Doc No. 5, Letter of Negotiation, in Habitat Mosaic Brooklyn, LLC v. Agho, Index No. 522485/2023, at 1-3)1. Petitioner informs the Court that “[t]he City of New York is the current owner of the Property” (see NYSCEF Doc No. 12, Haycox Aff, in Agho, 6), which information shall prove crucial to the determination of this matter. The City Council has approved Petitioner’s development of the Properties as part of an Urban Development Action Area Project (see NYSCEF Doc No. 6, City Council Approval, in Agho, at 1-5). While Petitioner reveals that the City of New York is the present owner of the Properties, Petitioner sows confusion as to its ownership interest in the Properties by repeatedly employing the phrase “Petitioner’s Property” in its moving papers (see NYSCEF Doc No. 12, Haycox Aff, in Agho,
