NY S03799

Allows property owners or lessees ("licensees") to petition the court for access to neighboring property when improvements or repairs cannot be made in a commercially reasonable manner without such entry, and permission has been refused or ignored

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

Requires licensees to provide reasonable prior notice, projected dates and duration of work, relevant documents and plans, and commercial general liability insurance naming the adjoining owner as additional insured

Mandates that licensees reasonably compensate adjoining owners for use of their property and reimburse reasonable architect's and engineer's fees for reviewing work documents

Authorizes courts to award attorneys' fees to either party upon finding bad faith or willful misconduct, and explicitly exempts properties owned or occupied by the Metropolitan Transportation Authority and its affiliates from court-ordered access