Tuttle Yick Client Impacted Neighbor Wins Trial Victory

In October 2022, a trial team led by Eli Raider represented a group of impacted neighbors surrounding a Manhattan development project. The developer applied for a license under Section 881 of the Real Property and Proceedings LAW (RPAPL) to enter the clients’ properties in connection with its construction project. In a 20-page order, the Court required the developer to provide a one-million-dollar escrow fund to cover any damages to the neighboring properties and obtain twenty-five million in insurance coverage. The developer must also cover the clients’ attorneys’ fees, lost rental income resulting from the development, and the professional costs (e.g., engineers and architects) to review plans, redesign protections, and reduce the impact to the impacted properties. The order also directs the developer to pay a substantial monthly license fee, to indemnify the clients, and continue monitoring the project at its own cost.