NY A00357

Amends Section 881 of the real property actions and proceedings law to allow property owners or lessees ("licensees") to seek court permission to access adjoining property when repairs or improvements cannot be made in a "commercially reasonable manner" without such access

Defines "refusal" of access as failure to respond within 60 days after receiving more than one written notice by certified mail

Specifies permitted purposes for access including preconstruction surveys, installation of monitoring devices, protective coverings, scaffolding, shoring, foundation supports, and weatherproofing materials

Requires licensees to provide reasonable prior notice, maintain commercial general liability insurance naming the adjoining owner as additional insured, and compensate the adjoining owner for loss of use and diminution in value

Explicitly excludes properties owned, leased, or occupied by the Metropolitan Transportation Authority or its affiliates from being subject to court-ordered access licenses