Beyond Construction: Second Department Authorizes Access To Adjoining Property For Post-Completion Remedial Work

The New York Appellate Division, Second Department’s recent decision in Matter of QB Development Owner, LLC v. Hensley, confirms that RPAPL 881 authorizes court-ordered access not only for active construction activities but also for post-construction remedial work necessary to complete a project and obtain a certificate of occupancy. The decision represents a significant development in the Second Department’s evolving RPAPL 881 jurisprudence. While the Court reaffirmed the familiar equitable principles governing applications for temporary access licenses, the decision is noteworthy because it applies those principles in the post-construction context, confirming that RPAPL 881 remains available when temporary access is necessary to remedy construction-related conditions and satisfy regulatory requirements.