Tuttle Yick Wins a First Department Appeal of an RPAPL 881 Proceeding for a Chelsea Development

Eli Raider and the Tuttle Yick team successfully overturned in the Appellate Division, First Judicial Department, a Supreme Court order under Real Property and Proceedings Law § 881 wrongfully denying its client’s access to a neighboring property owner’s land to install, maintain, and remove temporary protections on the neighboring property in connection with its client’s brownstone renovation project. The Appellate Division vacated the Supreme Court’s denial of the RPAPL § 881 petition and remanded the matter, holding that that “the appropriate remedy was not to deny the petition outright, but to resolve those issues, as well as the appropriate conditions to protect respondents’ interests and the amount of any license fee, following a hearing at which additional information, including the revised safety plan may be considered.” This win by Mr. Raider and the Tuttle Yick team constitutes a win for development in New York City, carving out the ability to resolve issues at the trial court level in an RPAPL § 881 special proceeding as opposed to halting an entire development.