2025 NY Slip Op 30983(U)
N.Y. Sup. Ct., New York Cty.2025Background
- Petitioner CMCSSG 221E48, LLC sought a license under RPAPL § 881 to access property owned by Respondent Brigette Associates, LLC for renovations on its adjoining property.
- The court initially granted a temporary license, awarded license fees, and permitted extensions, clarifying the license also covered work on a flue serving Respondent’s building.
- Both parties agreed to a $200/day fee for continued access past the original license expiration.
- Upon completion of licensed work, Respondent demanded $5,800 for alleged 29 days of excess use and attorney’s fees; Petitioner contested the claim, both over timing and liability.
- Evidence included documentary, affidavit, and email communications, but Respondent provided no direct proof that Petitioner’s equipment remained past May 17, 2024, though admitted access on June 11, 2024 for flue work.
- The court partially granted Respondent’s motion, awarding partial license fees ($600) and reasonable attorney’s fees to be determined separately.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Whether Petitioner owed daily license fees after May 15, 2024 | Work completed and protection removed by May 17, 2024; only owe $400 | Protections remained through June 13, 2024; owed $5,800 | Only $600 owed for actual access/work |
| Whether Petitioner accessed property for flue work post-license | Only minimal entry on June 11, 2024; flue work not covered by license fee | June 11, 2024 entry was license-covered and compensable | $200 awarded for June 11, 2024 access |
| Whether Respondent was entitled to attorney’s fees | Petitioner resisted, claiming its own entitlement to fees | Sought reasonable attorney’s fees for motion | Respondent gets reasonable fees |
| Credibility of photographic evidence | Submitted photos/affidavit evidence of removal | Alleged photos altered, but presented no proof | Petitioner’s evidence credited |
Key Cases Cited
- DDG Warren LLC v. Assouline Ritz 1, LLC, 138 A.D.3d 539 (1st Dep't 2016) (license fees awarded for substantial interference with property during court-ordered access)
- Van Dorn Holdings, LLC v. 152 W. 58th Owners Corp., 149 A.D.3d 518 (1st Dep't 2017) (respondent should not bear loss from temporary license without compensation)
- Panasia Estate, Inc. v. 29 West 19 Condominium, 204 A.D.3d 33 (1st Dep't 2022) (license fees must compensate for loss, not be punitive)
- North 7-8 Investors, LLC v. Newgarden, 982 N.Y.S.2d 704 (2014) (equity requires neighbors forced to grant access be compensated for related costs)