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Description: Although the sidewalk sheds and scaffolding adorning buildings and covering sidewalks all over New York City may be unsightly and irksome to some, such temporary protective equipment serves an important purpose of protecting pedestrians and adjacent properties during construction projects of neighboring properties. Moreover, property owners and developers are required to install the protective equipment on their neighbors’ buildings pursuant to the New York City Building Code (the Code), when they are performing construction work on their own building.
In this program, we will cover the nuts and bolts of negotiating and drafting access agreements (aka license agreements) for access to an adjacent owner’s property install Code-required temporary protection. In addition, we will cover commencing and defending RPAPL § 881 proceedings for court-ordered access when the negotiations of the access agreements fall apart, as well as the developing case law surrounding RPAPL § 881 proceedings.
Presenter Bios
Brendan J. Derr joined Rosenberg & Estis, P.C. in 2018 and is Of Counsel with the firm's Litigation Department. Derr is an experienced litigator whose practice includes representing clients in a diverse range of disputes including those relating to real estate, construction, and complex commercial/business matters in both state and federal courts, as well as in arbitration. He routinely drafts and negotiates license agreements for access on behalf of developers and neighboring property owners/tenants, and has successfully litigated numerous RPAPL 881 proceedings. Derr is known for applying his knowledge and pragmatism to achieve favorable results for his clients. Prior to joining Rosenberg & Estis, Derr was an associate with Bracewell LLP.
Derr graduated from Fordham University (cum laude) with his Bachelor of Arts Degree in American Studies and History in 2004. He earned a Masters of Sciences in Teaching from Pace University in 2006 and his J.D. from Fordham University School of Law in 2011, where he graduated magna cum laude.
Prior to joining Rosenberg & Estis, Derr was an Associate with Bracewell LLP.
Jason R. Davidson joined Rosenberg & Estis, P.C. in 2003 and is a Member with the firm's Litigation Department. He handles commercial and residential landlord-tenant matters, contract and lease disputes, and complex real estate and construction litigation in state and federal courts.
Davidson has litigated cases in Federal District Court and in New York State trial and appellate courts, including the New York State Court of Appeals. He has also represented clients before various New York City administrative agencies, including the New York City Loft Board, the Office of Administrative Trial and Hearings, the Environmental Control Board, and the Board of Standards and Appeals.
Davidson started his legal career as an Assistant District Attorney in the trial division and in the special investigation bureau of the Manhattan District Attorney's office, prosecuting criminals and investigating international narcotics and money laundering organizations.
Davidson is a member of the Association of the Bar of the City of New York. He serves on the judicial screening committee of LeGaL Law Association of Greater New York and on the Board of Directors of the Hetrick-Martin Institute.
Originally from El Salvador, Davidson is fluent in Spanish. He holds a Bachelor of Arts Degree from the State University of New York at Albany and a J.D. from the American University, Washington College of Law, where he was a participant in the International Human Rights Law Clinic and the international studies program at the University of Chile School of Law.
 | | Practice Areas: | | Real Estate Law | | | Online Media Type: | | Video | | | Production Date: | | 08/02/2022 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 5 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Brendan J. Derr - Rosenberg & Estis, P.C. | | • | Jason R. Davidson - Rosenberg & Estis, P.C. |
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