ICRI Metro NY Chapter Technical Presentation
& Panel Discussion
Wednesday, November 4, 2026
5:00 – 8:00PM
Club 101
101 Park Ave – New York, NY 10178
Presented in conjunction with:
Registration pricing:
• ICRI MNY and NYCSRA Member: $110
• Non-members: $150
• Students: Free
ICRI Technical Presentation:
Navigating Access Agreements to Keep Your Projects Moving
NYC projects almost always require being next to someone else’s property in tight conditions. Whether you need temporary or permanent access to an adjoining neighbor’s property to perform construction, structural repairs, or FISP inspections, how do you minimize delays? Negotiating access and coordinating with all parties can minimize risk and disputes, but sometimes you need to take further steps.
Since Governor Hochul signed the most significant overhaul of RPAPL § 881 since its 1968 enactment, the rules for accessing a neighbor’s property to protect, monitor, or support your project have fundamentally changed. Join ICRI MNY and NYCSRA on Wednesday, November 4th at Club 101 for a panel discussion on negotiation strategies, the amendment, and what it means in practice.
Our panel brings together perspectives of the most knowledgeable professionals on the topic: a construction attorney who will unpack the amendment’s new definition of “refusal,” the expanded list of permissible purposes, and the compensation and insurance conditions courts can now impose; a contractor who will speak to the real-world sequencing and protection for gaining access in a tight urban site; a structural/restoration consultant who will address the technical documentation that supports a license request; a site safety manager who will discuss site operation and safety compliance, and a property manager who will share what it’s like approaching neighbors and also sitting on the other side of the table when a neighboring project comes calling.
Whether you’re a developer trying to get ahead of an access negotiation, an owner wondering what you’re entitled to when your neighbor needs an inspection or breaks ground, or a design or construction professional navigating the paperwork in between, this is an opportunity to hear the whole story.
Our Panelists:
Benjamin Fox Tracy, Partner, Braverman/Greenspun
Benjamin Fox Tracy has extensive experience representing design professionals, developers, and cooperative and condominium boards in the negotiation of contracts related to construction projects. He represents those parties in construction-related litigations and disputes, including those involving claims of breach of contract, construction defects and delays, RPAPL § 881, quantum meruit, unjust enrichment, and mechanic’s lien foreclosures. Benjamin has also published articles concerning RPAPL § 881 with the New York Law Journal. The New York Post and Cooperator News have quoted Benjamin on matters concerning adjacent neighbor access issues.
Nathaniel B. Smith, PE, Principal, Simpson Gumpertz & Heger
Nathaniel’s expertise includes building damage and collapse investigations, repair and rehabilitation of existing buildings, including historic structures, and foundation installation monitoring. Nate has worked on projects related to the effects of construction on adjacent structures, including pre-construction mitigation and risk assessment, damage assessment, and design of repairs. His background in geotechnical engineering and understanding of soil and foundation types helps inform his structural evaluations of existing buildings and investigations of structural damage and collapse. He believes in the value of lifelong learning and has given numerous presentations and authored papers on adjacent construction matters.
Nate has also assisted clients with RPAPL 881 proceedings, including preparing affidavits/affirmations and testifying at hearings in both support of and against 881 petitions. Regarding the recent changes to the law, he provided input on the technical aspects of the revised language to the NYC Bar Association Construction Law Committee, which in turn sent a letter to the Governor’s office recommending changes/clarifications to the proposed language.
Michael Wolfe, President, Wolfe Realty Services
With over four decades of dedicated service in the real estate industry, Michael’s journey began in 1986 when he embarked on his third-party property management career at Midboro Management, steering its course for nearly 35 years. Today, Michael offers comprehensive guidance across all aspects of property management and industry operations. Through his consultancy, Wolfe Realty Services, he continues to make a profound impact, helping clients achieve their objectives and confidently navigate the dynamic real estate landscape.
A licensed real estate and insurance broker, Michael’s credentials further underscore his deep-seated expertise in the field. Michael’s influence extends beyond the confines of his business as he assumes pivotal roles such as Chair of The Real Estate Board of New York’s (REBNY) Residential Management Council, a founding member of Co-ops and Condos United of NY (CC United), and an advisor to the Presidents Co-op and Condo Council (PCCC).
Recognized as a thought leader and industry expert, Michael is a sought-after speaker at prominent forums and events hosted by organizations like REBNY and CC United. His insights and perspectives serve as invaluable resources for fellow professionals seeking to navigate the complexities of property management.
James Rowland, Partner at Zetlin & De Chiara, LLP
James Rowland is a Partner at Zetlin & De Chiara, LLP and has more than 29 years of litigation experience. Mr. Rowland represents clients in complex commercial and construction litigation matters, including the resolution of claims through trial, mediation and arbitration. He has extensive experience with negotiating License Agreements between adjoining property owners, as well as prosecuting and defending RPAPL Section 881 Proceedings. Mr. Rowland represents architects, engineers, contractors, owners, developers, and construction managers in all aspects of the construction process, and he has appeared in New York State and Federal Court. Mr. Rowland also serves as General Counsel to the AIA Staten Island and to Society of American Registered Architects, New York City Chapter
Sarah Migliore, Project Executive, Pullman, NYC
Sarah Migliore is a Project Executive at Pullman, where she has worked since 2017. Prior to joining Pullman, she performed forensic investigations of existing structures throughout the United States, England, and Canada using Non-Destructive Evaluation (NDE) techniques, providing valuable insight into building performance and deterioration.
Sarah earned a Master of Science in Historic Preservation from the University of Pennsylvania and holds dual bachelor’s degrees in Art History and Architectural Studies from Boston University. She specializes in the restoration and rehabilitation of existing structures, with expertise in façade restoration, masonry repair, concrete repair and strengthening, and waterproofing systems.
Through her experience managing restoration projects in dense urban environments, Sarah has witnessed neighboring agreements become an increasingly significant factor affecting the cost, schedule, and execution of façade repair projects.
MODERATOR: Sara Holcomb, PE, QEWI – Walker Consultants
Sara Holcomb, PE, QEWI, is Walker Consultants’ New York–based Director of Building Envelope and Historic Preservation and has been with Walker for 5 years. She has more than 18 years of experience in engineering restoration and consulting, specializing in historic preservation, façade restoration, roofing and waterproofing design, and envelope assessments for commercial, institutional, hospitality, and historic properties.
Sara earned her degree in Civil Engineering from Duke University. A licensed Professional Engineer and NYC QEWI, she has led several notable façade restoration and complex roofing and waterproofing projects. She collaborates with owners, contractors, consultants, and manufacturers to facilitate practical, durable solutions that balance performance, preservation, and long-term stewardship. She also mentors emerging professionals and supports ICRI as current chapter Vice President and Sponsorship chair, as well as through committee service, education, and through industry event leadership, such as for ICRI-MNY’s Demo Day.
Her New York-based projects often involve numerous stakeholders, increasingly complex access agreements, and require balancing numerous priorities amid the technical challenges of façade and parking garage restoration projects in New York City’s dense urban landscape.