FOR IMMEDIATE RELEASE
August 30, 2022
Contact: Joshua G. Oberman, 212.695.8100 x317, [email protected]
New York, NY — Attorneys Joshua G. Oberman, Gerard S. Strain, and Benjamin Blum from Goetz Fitzpatrick, had a major victory in an 881 proceeding this month.
Goetz Fitzpatrick represented HAP, a developer in connection with its project on Franklin Street in Tribeca. The owner of the adjacent property, alleged that HAP caused damage to its building during the course of construction.
After the alleged damage, HAP needed access to the neighbor’s building to perform additional construction on its project. Pursuant to the law, HAP sought an access agreement to enter onto its neighbor’s property. The neighbor denied HAP access. It alleged that HAP sought to install underground bracing that was a “permanent intrusion”. Furthermore, it argued that HAP couldn’t enter the property until it paid the neighbor monetary damages.
Goetz Fitzpatrick immediately filed an 881 on HAP’s behalf. The Court rejected both of the neighbor’s arguments, going so far as to call them “dubious”. The Court granted HAP access for 24 months, ordering it only to pay the neighbor’s legal fees, and a small access fee (which Goetz Fitzpatrick offered to pay in its motion papers). The neighbor had originally demanded an exorbitant sum to grant access to HAP.
Goetz Fitzpatrick has been practicing law throughout the New York Metropolitan area and the Hamptons, since 1967. The firm has deep expertise in Construction and Real Estate, as well as Corporate, Bankruptcy, Trust & Estates and Labor & Employment. The firm's office is located at One Penn Plaza, Suite 3100, New York, NY 10119, Telephone 212 695 8100.
Goetz Fitzpatrick Scores a Legal Victory in an 881 Proceeding
