Opinion
2003-10822.
March 7, 2005.
In a proceeding pursuant to RPAPL 881 to obtain a license to complete the underpinning of a foundation on the respondents' property, the petitioner appeals from a judgment of the Supreme Court, Queens County (Grays, J.), dated October 14, 2003, which denied the petition and dismissed the proceeding.
Before: Florio, J.P., Schmidt, Rivera and Lifson, JJ., concur.
Ordered that the judgment is affirmed, with costs.
The petitioner and the respondents are the owners of adjoining properties. The petitioner obtained a permit from the New York City Department of Buildings to construct a three-family home on its property. The petitioner commenced this proceeding pursuant to RPAPL 881 to obtain a license to complete the underpinning of a foundation on the respondents' premises. The Supreme Court denied the petition and dismissed the proceeding, finding, inter alia, that the underpinning constituted a permanent encroachment on the respondents' property.
The Supreme Court properly denied the petition since the underpinning could constitute a permanent encroachment ( see Foceri v. Fazio, 61 Misc 2d 606) and there are alternative methods of construction that the petitioner may utilize in constructing its property ( see Sunrise Jewish Ctr. of Val. Stream v. Lipko, 61 Misc 2d 673).
The petitioner's remaining contentions are without merit.