665 Carroll Street Llc v. Board Of Managers Of 667 Carroll Street Llc

1 This is an action pursuant to RPAPL §871 by Plaintiff, the owner of 665 Carroll

Street, Brooklyn, New York 11215, against its neighbor, Defendant, manager of the building

located at 667 Carroll Street, Brooklyn, New York 11215, to require the removal and/or relocation

of certain items encroaching on Plaintiff’s property, to wit, the landings on the second, third and

fourth floors of 667 Carroll Street that are connected to the fire escape on 665 Carroll Street which

results in the fire escape on 665 Carroll Street then being used as part of the fire escape path from

667 Carroll Street. The landings on the second, third and fourth floors of 667 Carroll Street are

the “Encroachment” that we request be removed (hereinafter, the “Encroachment”). Plaintiff is

no longer required to maintain or have the existing fire escape on 665 Carroll Street pursuant to

renovations to be undertaken at its property, and has been told by the New York City Department

of Buildings (“DOB”) that it can remove the existing fire escape from its property.

Causes of Action

COUNT I – INJUNCTION PURSUANT TO RPAPL §871