§ 881. Access to adjoining property to make improvements or repairs.\n1. As used in this section: (a) the term "document" shall include but\nnot be limited to copies of any plans, specifications, surveys,\nengineering reports or evidence of insurance for the work to be\nperformed on adjoining property;\n (b) the term "licensee" shall refer to the owner or lessee, as\napplicable, who seeks entry onto an adjoining property;\n (c) the term "adjoining owner" shall refer to the owner or its lessee\nof the property adjoining that of the licensee;\n (d) the term "refuse", "refusal", or "refused" shall be deemed to\ninclude instances where more than one written notice has been served, by\ncertified mail, on the owner and has not been responded to within sixty\ndays;\n (e) the term "state entity" shall refer to any department, division,\nagency, office, public authority, or public benefit corporation of the\nstate of New York, or any affiliate or subsidiary agencies of such\ndepartment, division, agency, office, public authority, or public\nbenefit corporation.\n 2. When a licensee seeks to make improvements or repairs to real\nproperty so situated that such improvements or repairs cannot be made by\nthe licensee in a commercially reasonable manner without entering the\npremises of an adjoining owner, other than a state entity, and\npermission so to enter has been refused, the licensee may commence a\nspecial proceeding for a license so to enter pursuant to article four of\nthe civil practice law and rules. The petition and affidavits, if any,\nshall state the facts making such entry necessary and the date or dates\non which entry is sought. Any adjoining owner named as a party in such\nproceeding shall, at the request of the licensee, provide such licensee\nwith such information as shall allow the licensee to identify the\nlessees of the adjoining owner and join them in the proceeding. Such\nlicense shall be granted by the court in an appropriate case and upon\nsuch other terms as justice requires. The licensee shall be liable to\nthe adjoining owner for actual damages occurring as a result of the\nentry.\n 3. The purposes for which a licensee may seek permission to enter an\nadjoining property pursuant to this section may include:\n (a) Preconstruction survey to document the existing conditions of the\nadjoining property;\n (b) The installation, maintenance, inspection, repair, replacement\nand/or removal of: (i) vibration, crack or optical monitoring devices on\nor within any existing improvements on the adjoining property; (ii)\nsheds, bridges, netting or other protective covering over the roof,\nfacades, windows, skylights, mechanical equipment, chimneys or other\nexterior portions of buildings or yards, walkways, driveways or other\nopen areas on the adjoining property; (iii) scaffolding on or over the\nadjoining property; (iv) sheeting, shoring, bracing or other retaining\nstructures needed for demolition, support or excavation; (v) where\nrequired by code, regulation or local law, any necessary foundation or\nbuilding supports, including, wall ties, tie-backs, anchors, straps and\nunderpinning, for any demolition, new or existing improvements on the\npremises of the licensee or adjoining owner, including, party walls; or\n(vi) flashing, sealing or other materials or equipment needed to\nestablish the weather-proof integrity of any wall, foundation or other\nexterior portion of a building on the adjoining property;\n (c) Temporary projections or intrusions into the airspace of the\nadjoining property as necessary to complete the proposed improvements or\nrepairs;\n (d) Temporary or at the licensee's sole option permanent relocation,\nextension or offsetting of any chimneys, vents, flues, exhausts or other\nrooftop equipment on the adjoining property, as required by applicable\nlaw;\n (e) Construction staging necessary to complete any work on the\nadjoining property; or\n (f) The undertaking of such other measures as
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