In McMullan v. HRH Constr, LLC, 38 AD3d 206 [1st Dept 2007]), the First Department affirmed the trial court's issuance of an injunction and refusal to covert an action to a proceeding for access under Real Property Actions & Proceedings Law 881. After noting that Real Property Actions & Proceedings Law 881 provides that a license may be granted upon such terms as may be just, the First Department found defendants' claim of entitlement to access "risible," given the fact that building violations were placed on the plaintiff's property because of defendants' acts and because defendants disregarded plaintiff's rights and damaged its property.