It's no fun living next to a construction site. The noise, dirt and debris can be maddening. The work can also disrupt the use and enjoyment of your space, particularly if the construction crew decides to take certain "liberties."
In McMullan v. HRH Construction, LLC ., McMullan filed an action in the New York County Supreme Court seeking to stop HRH Construction from "entering onto [McMullan's] premises and bringing onto or leaving thereon equipment, materials or debris."
Apparently, HRH's crew made itself at home, entering McMullan's backyard, removing fences, obstructing an exit from McMullan's unit, and, bolting closed the building's fire exit. (That was in addition to the damage the crew caused to McMullan's apartment and the construction materials and debris that were left in McMullan's backyard.)
Faced with HRH's "cavalier attitude and disregard of [McMullan's] rights," the New York County Supreme Court granted the tenant's request for preliminary injunctive relief. On appeal, the Appellate Division, First Department, affirmed.
While HRH argued that it was entitled to enter McMullan's space in accordance with Real Property Actions and Proceedings Law (RPAPL) § 881, a special statute that applies to these kind of access disputes, the AD1 razed that analysis since the company failed to show why entry onto McMullan's space was necessary.*
Looks like HRH got hammered this time around, wouldn't you agree?
For a copy of the Appellate Division's decision, please use this link: McMullan v. HRH Construction, LLC
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*RPAPL § 881, entitled "Access to adjoining property to make improvements or repairs," provides as follows:
When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering the premises of an adjoining owner or his lessee, and permission so to enter has been refused, the owner or lessee seeking to make such improvements or repairs may commence a special proceeding for a license so to enter pursuant to article four of the civil practice law and rules. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. Such license shall be granted by the court in an appropriate case upon such terms as justice requires. The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.