STATE OF NEW YORK
________________________________________________________________________
8761
IN SENATE
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:
1 Section 1. Paragraph (e) of subdivision 1 and paragraph (d) of subdi-
2 vision 4 of section 881 of the real property actions and proceedings
3 law, as added by a chapter of the laws of 2025 amending the real proper-
4 ty actions and proceedings law relating to access to adjoining property
5 to make improvements or repairs, as proposed in legislative bills
6 numbers S. 3799-C and A. 357-B, are amended to read as follows:
7 (e) the term "state entity" shall refer to [the metropolitan transpor-
8 tation authority] any department, division, agency, office, public
9 authority, or public benefit corporation of the state of New York, or
10 [its] any affiliate or subsidiary agencies of such department, division,
11 agency, office, public authority, or public benefit corporation.
12 (d) [The licensee and/or any contractor, consultant or agent thereof
13 that accesses the adjoining property pursuant to the license shall
14 procure and maintain commercial general liability insurance for damage
15 to persons or property, naming the adjoining owner and/or its lessee(s),
16 as applicable and made known to the licensee, as additional insureds, in
17 such amounts as are commercially reasonable for the entry to the adjoin-
18 ing property.] The licensee shall provide the adjoining owner and its
19 lessee or lessees, as applicable and as made known to the licensee by
20 the adjoining owner, with relevant documents confirming the licensee
21 and/or any contractor, consultant or agent thereof that accesses the
22 adjoining property pursuant to a license granted pursuant to this
23 section maintains commercial general liability insurance, provided such
24 documents are sufficient to enable the adjoining owner and/or its lessee
25 or lessees, as applicable, to make a third-party claim under such insur-
26 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
1 or agent thereof damages the adjoining property or any persons
2 thereupon; and
3 § 2. This act shall take effect on the same date and in the same
4 manner as a chapter of the laws of 2025 amending the real property
5 actions and proceedings law relating to access to adjoining property to
6 make improvements or repairs, as proposed in legislative bills numbers
7 S. 3799-C and A. 357-B, takes effect.
