Outside Counsel

First Department Expands the Right to License Fees Under RPAPL §881

, New York Law Journal


Craig M. Notte writes that by upholding license fees for access to a non-critical, lifestyle portion of an apartment, the First Department has blurred the mandatory work/new construction distinction, thereby adding a new dimension to parties' negotiations for mandatory work access under RPAPL §881. Without a clear distinction, parties may find themselves at an impasse on whether compensation is in order and how much, resulting in delays in performance of critical repairs and requiring more judicial intervention to sort out the parties' rights.

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