Matter of NERE LIC Dev. LLC v 53 Pitt Dev. LLC

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Matter of NERE LIC Dev. LLC v 53 Pitt Dev. LLC 2018 NY Slip Op 33480(U) January 29, 2018 Supreme Court, New York County Docket Number: 150074/2019 Judge: Carol R. Edmead Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 01/30/2019 12:52 PM NYSCEF DOC. NO. 17 INDEX NO. 150074/2019 RECEIVED NYSCEF: 01/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------){ In the Matter of the Application of: Index No.: 150074/2019 NERE LIC DEVELOPMENT LLC, Petitioner, for an Order and Judgment pursuant to Section 881 of the Real Property Actions and Proceedings Law for access to adjoining property, ORDER v. 53 PITT DEVELOPMENT LLC, Respondent, -----------------------------------------------------------------){ The Petitioner NERE LI Development LLC ("Petitioner") brought this proceeding by way of Order to Show Cause pursua~t to RP APL Section 881 for a temporary license to access the property owned by the Respondent 53 Pitt Development LLC ("Respondent") and located on 58 Pitt St, New York, NY designated in the ·Tax Map of the· City of New York as Block 343, Lot 67 ("Adjacent Premises"), in order to perform certain protective work to the Adjacent Premises and install temporary protections thereto in connection with construction of a new development on the Project Owner's adjacent property located on 208 Delancey St., New York, 10002, and designated .in the Tax Map of the City of New York as Block 343 Lot 68 (the "Project Premises"). The Project Owner was represented by counsel who appeared on January 25, 2019, but the Adjacent Owner failed to appear, and no opposition papers were ever filed. Now, on reading the filed pleadings herein and the papers submitted in support of the Order to Show Cause, it is, 1 2 of 5 [*FILED: 2] NEW YORK COUNTY CLERK 01/30/2019 12:52 PM NYSCEF DOC. NO. 17 INDEX NO. 150074/2019 RECEIVED NYSCEF: 01/30/2019 ORDERED, that the Petitioner, its employees, and agents, are granted a temporary license to enter and perform protective work on the Adjacent Premises and install and maintain temporary protections, at Petitioner's sole cost, subject to the following terms and conditions: The Temporary Protections 1. Installation and maintenance of roof pr_otections on the Adjacent Premises, in accordance with all applicable laws and regulatory permits, but such shall not be installed without 3 days prior written notice thereof provided to the Respondent. 2. Installation and maintenance of sidewalk sheds protections on the Adjacent Premises, in accordance with all applicable laws and regulatory permits, but such shall not be installed without 3 days prior written notice thereof provided to the Respondent. 3. Installation and maintenance of overhead protections on the Adjacent Premises, in accordance with all applicable laws and regulatory permits, but such shall not be installed without 3 days prior written notice thereof provided to the Respondent. 4. Installation and maintenance of window protections on the Adjacent Premises, in accordance with all applicable laws and regulatory permits, but such shall not be installed without 3 days prior written notice thereof provided to the Respondent. Insurance 5. Prior to the time that Petitioner enters onto the Adjacent Premises to carry out the temporary protections as permitted herein, the Petitioner's General Contractor designated to perform said protections shall designate the Respondent as an additional insured on the contractor's general liability policy. 2 3 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 01/30/2019 12:52 PM NYSCEF DOC. NO. 17 INDEX NO. 150074/2019 RECEIVED NYSCEF: 01/30/2019 Duration and Removal 6. The temporary protections as permitted herein shall be removed by the Petitioner within 7 business days after said protection is no longer required by .applicable l~w. If the Petitioner cannot reasonably remove the temporary protections within 7 business days after such is no longer required by applicable law, then the Petitioner shall inform the Respondent in writing and the Respondent may petition this Court for appropriate relief with respect to such delay. 7. Any damage to the Respondent's Adjacent Premises that is caused by the Petitioner or its employees' or agents in connection with entry onto the said premises and in connection with the temporary protections shall be corrected within a reasonable time and the premises shall be restored to the same or substantially similar condition that existed prior to commencement of the installation of the temporary protections and all materials used in the requisite construction, and any resultant debris, shall be removed from the Adjacent Premises. Fees 8. The Respondent shall be afforded a monthly license fee of $500:00 for the Petitioner's entry and work relating to the temporary protections as permitted herein, which shall be made and delivered to the Respondent, no later than the 15th of every month, to "53 Pitt Development, LLC, 123 Bowery, 4th Floor, New York, New York, 10002." The payment of the monthly license fee shall begin upon the first month which the Petitioner enters the Adjacent Premises to perform work related to the temporary protections and until such temporary protections are removed as stated 9. in·~ 6 herJ!in. In the.event that the Respondent incurs attorneys' fees asa result of the Petitioner's work related to the temporary .protections, the Petitioner shall bear the cost of those reasonable attorneys' fees. If the Respondent seeks to recover those attorneys' fees from the Petitioner, then 3 4 of 5 [*FILED: 4] NEW YORK COUNTY CLERK 01/30/2019 12:52 PM NYSCEF DOC. NO. 17 INDEX NO. 150074/2019 RECEIVED NYSCEF: 01/30/2019 upon demand by the Petitioner, the Respondent shall forward all itemized invoices for reasonable attorneys' fees to the Petitioner. IT IS FURTHER ORDERED that the Petitioner shall serve a copy of this Order upon the Respondent by personal service within 7 days of the date of this Order. Dated: New ~~~~NY Januarc:ia-, 2018 ENTER y{Q_/?£J J.S.C. HON.. CAROL R. EDMEAD ·J.S.Ce ·..-1r):~~)!{i."li'i'~%~;,k..:w•........._'""'·~--- ... -....... '1,._ 1C 5 of 5 .~ ·,-,~.,~j . . t.

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