Relates to certain conditions for a grant of permission for access to adjoining property to make improvements or repairs, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8761
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to certain conditions for a grant of permission for access to
   adjoining property to make improvements or repairs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 and paragraph (d) of  subdi-
 vision  4  of  section  881 of the real property actions and proceedings
 law, as added by a chapter of the laws of 2025 amending the real proper-
 ty actions and proceedings law relating to access to adjoining  property
 to  make  improvements  or  repairs,  as  proposed  in legislative bills
 numbers S. 3799-C and A. 357-B, are amended to read as follows:
   (e) the term "state entity" shall refer to [the metropolitan transpor-
 tation authority]  ANY  DEPARTMENT,  DIVISION,  AGENCY,  OFFICE,  PUBLIC
 AUTHORITY,  OR  PUBLIC  BENEFIT CORPORATION OF THE STATE OF NEW YORK, or
 [its] ANY affiliate or subsidiary agencies OF SUCH DEPARTMENT, DIVISION,
 AGENCY, OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
   (d) [The licensee and/or any contractor, consultant or  agent  thereof
 that  accesses  the  adjoining  property  pursuant  to the license shall
 procure and maintain commercial general liability insurance  for  damage
 to persons or property, naming the adjoining owner and/or its lessee(s),
 as applicable and made known to the licensee, as additional insureds, in
 such amounts as are commercially reasonable for the entry to the adjoin-
 ing  property.]  The  licensee shall provide the adjoining owner and its
 LESSEE OR lessees, as applicable AND AS MADE KNOWN TO  THE  LICENSEE  BY
 THE  ADJOINING  OWNER,  with  relevant documents CONFIRMING THE LICENSEE
 AND/OR ANY CONTRACTOR, CONSULTANT OR AGENT  THEREOF  THAT  ACCESSES  THE
 ADJOINING  PROPERTY  PURSUANT  TO  A  LICENSE  GRANTED  PURSUANT TO THIS
 SECTION MAINTAINS COMMERCIAL GENERAL LIABILITY INSURANCE, PROVIDED  SUCH
 DOCUMENTS ARE SUFFICIENT TO ENABLE THE ADJOINING OWNER AND/OR ITS LESSEE
 OR LESSEES, AS APPLICABLE, TO MAKE A THIRD-PARTY CLAIM UNDER SUCH INSUR-
 ANCE  IN  THE EVENT THAT SUCH LICENSEE AND/OR ANY CONTRACTOR, CONSULTANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00711-08-6
 S. 8761                             2

 OR  AGENT  THEREOF  DAMAGES  THE  ADJOINING  PROPERTY  OR  ANY   PERSONS
 THEREUPON; and
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2025  amending  the  real  property
 actions  and proceedings law relating to access to adjoining property to
 make improvements or repairs, as proposed in legislative  bills  numbers
 S.  3799-C and A. 357-B, takes effect.