Trinity NYC Hotel, LLC v 11 Rector St., LLC

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Trinity NYC Hotel, LLC v 11 Rector St., LLC 2018 NY Slip Op 33630(U) October 25, 2018 Supreme Court, New York County Docket Number: 158071/2018 Judge: Debra A. James 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 10/26/2018 09:11 AM INDEX NO. 158071/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/26/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART IAS MOTION 59EFM Justice --------------------------------------------------------------------------------)( In Matter of the Application of INDEX NO. MOTION DATE 158071/2018 10/18/2018 TRINITY NYC HOTEL, LLC, 001 MOTION SEQ. NO. Petitioner, For an Order and Judgment pursuant to RPAPL § 881, Granting Petitioner a License to enter the adjoining Property of -v- DECISION AND ORDER 11 RECTOR STREET, LLC, Respondent. --------------------------------------------------------------------------------->< DECISION The petition for a license pursuant to RPAPL § 881 shall be granted. See Van Dorn Holdings, LLC v 152 W. 58th Owners Corp., 149 AD3d 518 (1st Dept. 2017); and Moskowitz v Pavarini McGovern, LLC, 83 AD3d 438 (1st Dept 2011). ORDER Upon the foregoing documents, it is ORDERED that petitioner (Property) is hereby granted a license, pursuant to RPAPL 881, to enter upon a portion of respondent's land (Adjacent Property), specifically the area of Adjacent Property immediately adjacent to the Property, for the installation of Roof Protection, Mechanical Equipment Roof Protection, and Netting (the Required Protective Measures), as 15807112018 TRINITY NYC HOTEL, LLC vs. 11 RECTOR STREET, LLC 1 of 3 Page 1of3 [*FILED: 2] NEW YORK COUNTY CLERK 10/26/2018 09:11 AM INDEX NO. 158071/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/26/2018 set forth in the Verified Petition and supporting affidavits, for the limited purpose of protecting the Adjacent Property's roof from falling debris and damage arising from construction activity to take place at the Property for a period of approximately twenty-two months following the installation of the Required Protective Measures; and it is further ORDERED that the installation of the Required Protective Measures will be carried out pursuant to the customary and standard practices used in the building construction industry as certified by an architect licensed in the State of New York and retained by petitioner; and it is further ORDERED that the granting of the foregoing license is subject to the following terms and conditions: (1) petitioner shall be entitled to such license for a period of twenty-two (22) months, commencing upon the entry of this order and judgment or as soon as the weather permits as certified by the licensed architect, (2) petitioner is directed to pay the sum of $4000 per month to respondent during the term of the license, (3) petitioner shall take the necessary steps, measures, and precautions to prevent and avoid any damage to the Adjacent Property, (4) upon the completion of the term of the license, respondent's land within such license area shall be returned to its original condition, and all materials used in construction and any resultant debris shall be removed from the license area 158071/2018 TRINITY NYC HOTEL, LLC vs.11 RECTOR STREET, LLC 2 of 3 Page 2 of 3 ' [*FILED: 3] NEW YORK COUNTY CLERK 10/26/2018 09:11 AM INDEX NO. 158071/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/26/2018 (5) petitioner shall save respondent harmless for any damages occurring within the license area, during the period of this license, and a policy of liability insurance in an amount of not less than $2 million which names respondent as additional insured shall be maintained by petitioner during the period of this license, (6) petitioner shall be held liable to respondent for any damages which it may suffer as a result of the granting of this license and all damaged property shall be repaired at the sole expense of petitioner; (7) a hearing shall be held before this court at the expiration of the term of the license to determine any reasonable professional fees, including attorney's fees incurred by respondent as the result of petitioner's entry upon respondent's land pursuant to such license, which shall be referred to a Special Referee to hear and report, and which upon confirmation of such report by the court, shall be paid by petitioner. 10/25/2018 DATE CHECK ONE: APPLICATION: X CASE DISPOSED X GRANTED D DENIED - NON-FINAL DISPOSITION GRANTED IN PART ~ SETTLE ORDER SUBMIT ORDER ~ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN 158071/2018 TRINITY NYC HOTEL, LLC vs. 11 RECTOR STREET, LLC 3 of 3 FIDUCIARY APPOINTMENT D D OTHER REFERENCE Page 3 of 3

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