CUCS Housing Development Fund Corporation  and several related entities sued under RPAPL § 881  for Court-imposed  access, for the  purpose of underpinning  a neighboring property on West 12th Street owned by  Clifford S. Aymes.  Underpinning is  the extension of the foundation of one property to below the foundation of a neighboring parcel. CUCS was trying to begin a construction project to provide New York City’s homeless population with affordable housing. Aymes owned the one-story, unoccupied building adjoining  the project. The New York City Building Code  required CUCS take careful measures to protect public safety and to prevent damages to Aymes’ property during the building’s construction. Where… Read more