Section 881. Access to adjoining property to make improvements or repairs

When an owner or lessee seeks to make improvements or  repairs  to  real
  property so situated that such improvements or repairs cannot be made by
  the  owner or lessee without entering the premises of an adjoining owner
  or his lessee, and permission so to enter has been refused, the owner or
  lessee seeking to make such  improvements  or  repairs  may  commence  a
  special proceeding for a license so to enter pursuant to article four of
  the  civil  practice law and rules. The petition and affidavits, if any,
  shall state the facts making such entry necessary and the date or  dates
  on  which entry is sought. Such license shall be granted by the court in
  an appropriate case upon such terms as justice  requires.  The  licensee
  shall  be liable to the adjoining owner or his lessee for actual damages
  occurring as a result of the entry.