]” Queens Theater Owner, LLC v. WR Universal, LLC, 192 A.D.3d 690, 690 (2d Dep't 2021) (citing Special Projects Fund, 154 A.D.3d at 943-44); see Voron v. Bd. of Managers of Newswalk Condo., 186 A.D.3d 833, 835 (2d Dep't 2020) (“Voron II”) (“A proceeding pursuant to [Section] 881 is addressed to the sound discretion of the court[.]”)

The factors which the court may consider in determining the petition include the nature and extent of the requested access, the duration of the access, the needed protections for the adjoining property, the lack of an alternative means to perform the work, the public interest in the completion of the project, and the measures in place to ensure the financial compensation of the adjoining owner for any damage or inconvenience resulting from the intrusion (see id. at 944). (Matter of Queens Theater Owner, LLC v WR Universal, LLC, 192 A.D.3d 690, 690-691 [2d Dept 2021.)

The license terms are "addressed to the sound discretion of the court, which must apply a reasonableness standard in balancing the potential hardship to the applicant if the petition is hot granted against the inconvenience to the adjoining owner if it is granted, The factors which the court may consider in determining the petition include the nature and extent of the requested access, the duration of the access, the needed protections for the adjoining property, the lack of an alternative means to perform the work, the public interest in the completion of the project, and the measures in place to ensure the financial compensation of the adjoining owner for any damage or inconvenience resulting from the intrusion" (Queens Theater Owner, LLC v WR Universal, LLC, 192 A.D.3d 690, 139N.Y.S.3d 844 [2021]), A license fee is warranted "where the granted license will entail substantial interference: with the use and enjoyment of the neighboring property during the [license] period, thus decreasing the value of the property during that time" (BG Sutphin Owner, LLC v Singh, No. 2023-00415, 2024 WL 4897613, at *1 [N.Y.App.Div. Nov. 27, 2024]).

Ultimately because of the failed negotiations, Petitioner filed this proceeding seeking an Order and Judgment granting access to an adjoining property pursuant to RPAPL § 881 in connection with the Project. These license terms should be "addressed to the sound discretion of the court, which must apply a reasonableness standard in balancing the potential hardship to the applicant if the petition is not granted against the inconvenience to the adjoining owner if it is granted." Queens Theater Owner, LLCv. WR Universal, LLC, 192 A.D.3d 690,139 N.Y.S.3d 844, 845 (2d Dept. 2021). The obvious and reasonable issues described above are what the Court should consider, as it relates to:

"A proceeding pursuant to RPAPL 881 is addressed to the sound discretion of the court, which must apply a reasonableness standard in balancing the potential hardship to the applicant if the petition is not granted against the inconvenience to the adjoining owner if it is granted" (Queens Theater Owner, LLCvWR Universal, LLC, 192 A.D.3d 690, 690 [2d Dept 2021]). The court may consider "the nature and extent of the requested access, the duration of the access, the needed protections for the adjoining property, the lack of an alternative means to perform the work, the public interest in the completion of the project, and the measures in place to ensure the financial compensation of the adjoining owner for any damage or inconvenience resulting from the intrusion" (id. at 690-91).

Respondent will be financially protected by being named as an additional insured and by petitioner's offer-and obligation-to indemnify respondent. (See e.g. Matter of Queens Theater Owner, LLC v WR Universal, LLC, 192 A.D.3d 690, 691 [2d Dept 2021] [finding that respondent would be financially protected by being named as an additional insured and by petitioner's obligation to indemnify].)

Whether or not a RPAPL § 881 license is granted "is addressed to the sound discretion of the court, which must apply a reasonableness standard in balancing the potential hardship to the applicant if the petition is not granted against the inconvenience to the adjoining owner if it is granted" (Queens Theater Owner, LLC v WR Universal, LLC, 192 A.D.3d 690 [2021]).

(Queens Theater Owner, LLC v WR Universal, LLC, 192 A.D.3d 690, 690 [2d Dept. 2021].)

RPAPL § 881 provides that upon a recitation of circumstances requiring entry onto an adjoining property, including the dates entry is sought, the Court shall grant a license in the appropriate case. In so doing, the Court applies a reasonableness standard, balancing a petitioner's hardship, if the license is not 3 granted, against the adjoining owner's inconvenience, if the license is granted (400 E57 Fee Owner LLC v. 405 East 56th Street LLC, 193 A.D.3d 626 [1st Dept 2021]; Matter of Board of Mgrs. of Artisan Lofts Condominiums v. Moskowitz, 114 A.D.3d 491 [1st Dept 2014]; Queens Theater Owner, LLC v. WR Universal, LLC, 192 A.D.3d 690 [2d Dept 2021]). Where a license is granted, the incumbered property owner may be entitled to a licensing fee consummate with the inconvenience imposed as well as actual damages occurring as a result of the entry (Matter of New York Pub.

RPAPL § 881 provides that upon a recitation of circumstances requiring entry onto an adjoining property, including the dates entry is sought, the Court shall grant a license in the appropriate case. In so doing, the Court applies a reasonableness standard, balancing a petitioner's hardship, if the license is not granted, against the adjoining owner's inconvenience, if the license is granted (400 E57 Fee Owner LLC v. 405 East 56th Street LLC, 193 A.D.3d 626 [1st Dept 2021]; Matter of Board of Mgrs. of Artisan Lofts Condominiums v. Moskowitz, 114 A.D.3d 491 [1st Dept 2014]; Queens Theater Owner, LLC v. WR Universal, LLC, 192 A.D.3d 690 [2d Dept 2021]). Where a license is granted, the encumbered property owner may be entitled to a licensing fee consummate with the inconvenience imposed as well as actual damages occurring as a result of the entry (Matter of New York Pub.