Matter of Queens Coll. Special Projects Fund, Inc. v. Newman, 154 A.D.3d 943

Petitioner (Queens College Special Projects Fund, Inc.) owns vacant lot adjacent to appellant Newman's improved residential lot; petitioner secured required planning approvals to build an education center to be used with its museum.
The new building is to be constructed up to the petitioner’s lot lines, requiring limited, temporary entry onto neighboring properties to install safety/temporary structures and apply exterior finishes.
All other adjoining owners consented to access; Newman refused entry onto her property.
Petitioner commenced an RPAPL 881 proceeding seeking a license to enter Newman’s premises for preconstruction inspection and to erect temporary protective structures.
Supreme Court (Queens County) granted the petition; Newman appealed.

Issue	Petitioner’s Argument	Newman’s Argument	Held
Whether a license under RPAPL 881 should be issued to permit temporary entry onto Newman’s lot for construction-related work	Entry is necessary to complete construction to lot line; work is time-limited, protective measures will prevent interference, public interest supports project, and Newman will be insured/indemnified	Refused access; argued intrusion and harm to use/possession of her property	Court affirmed grant: balancing test favors petitioner—denial would cause undue hardship to petitioner while intrusion on Newman is temporary and minor

Matter of Van Dorn Holdings, LLC v. 152 W. 58th Owners Corp., 149 A.D.3d 518 (App. Div. 2017) (RPAPL 881 proceedings committed to court’s discretion; factors for balancing)
Mindel v. Phoenix Owners Corp., 210 A.D.2d 167 (App. Div. 1994) (reasonableness standard in access disputes)
Matter of Lindo v. Ponte, 150 A.D.3d 1244 (App. Div. 2017) (review of record; rejecting extra-record submissions on appeal)
Matter of Ishakis v. Lieberman, 150 A.D.3d 1114 (App. Div. 2017) (same)
Longo v. Fogg, 150 A.D.3d 724 (App. Div. 2017) (same)