Lincoln Spencer Apartments, Inc. v. Zeckendorf-68th Street Associates
Cases that cite this one
5 later published cases cite this decision.
- Stuck v. Hickmott (Appellate Division of the Supreme Court of New York 2018)
- Jimerson v. State of New York (Appellate Division of the Supreme Court of New York 2018)
- Matter of Panstar Realty LLC v. New York Teachers Hous. Corp. (Appellate Division of the Supreme Court of New York 2026)
- AREP Fifty-Seventh, LLC v. PMGP Associates, L.P. (Appellate Division of the Supreme Court of New York 2012)
- AREP Fifty-Seventh, LLC v. PMGP Associates, L.P. (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
REAFL 881 is the means by which a landowner seeking “to make improvements or repairs” to its property may seek a license to enter an adjoining landowner’s property when those “improvements or repairs cannot be made” without such entry. Here, the court erred by granting petitioner a license to access Copley’s roof because petitioner failed to “state the facts making such entry necessary,” as the statute requires (id.). The petition, and the affidavit of a “senior associate” submitted for the first time in petitioner’s reply papers, conclusorily state that access to Copley’s roof was necessary. Fetitioner has failed to put forward any explanation as to why the work could not otherwise be performed or indeed, any facts whatsoever (see Matter of 155 W. 21st St., LLC v McMullan, 61 AD3d 497, 504-505 [2009]; see also Amalgamated Dwellings v Hillman Hous. Corp., 299 AD2d 199, 200 [2002]). Concur — Mazzarelli, J.E, Friedman, Catterson, Renwick and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.