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.
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