400 East 57th Street. Image Credit: Google Maps.
Building under construction sought judicial permission to enter into neighboring building to facilitate the construction. In October of 2020, Stonehedge Management, LLC was renovating their property at 400 E. 57th St. in Manhattan. Stonehedge’s building shared the roof with Sol Goldman Investment’s property at 405 E. 56th Street. Stonehedge sought a judicial entry order to Goldman’s property to stage materials and access to the roof in order to install protective roofing facades to Stonehedge’s building.
The New York Supreme Court granted Stonehedge’s petition for an entry order after balancing the interests between the parties The trial court’s entry order not only allowed Stonehedge the right to enter during normal business hours and designated a staging area within Goldman’s building to store construction materials. Goldman appealed.
The Appellate Division, First Department reversed the Supreme Court’s decision and vacated the entry order holding that Stonehedge was improperly issued an entry license to Goldman’s building. The Appellate Division found the entry order too broad. The trial court failed to consider if any less intrusive means of performing the work existed other than issuing an entry license, the interests of the parties were not properly weighed.
400 E57 Fee Owner LLC v. 405 East 56th Street LLC, 193 A.D.3d 626 (1st Dept., 2021)
By: Brian Dugan II (Brian is a New York Law School graduate, Class of 2022.)
These agreements need to be negotiated without the court’s intervention.