§ 881. Access to adjoining property to make improvements or repairs.
When an owner or lessee seeks to make improvements or repairs to real
property so situated that such improvements or repairs cannot be made by
the owner or lessee without entering the premises of an adjoining owner
or his lessee, and permission so to enter has been refused, the owner or
lessee seeking to make such improvements or repairs may commence a
special proceeding for a license so to enter pursuant to article four of
the civil practice law and rules. The petition and affidavits, if any,
shall state the facts making such entry necessary and the date or dates
on which entry is sought. Such license shall be granted by the court in
an appropriate case upon such terms as justice requires. The licensee
shall be liable to the adjoining owner or his lessee for actual damages
occurring as a result of the entry.