Help with developer’s scaffold

Hello,
We have a developer whose property abuts our back yard here in Brooklyn. There have been all the usual tensions between them and us. Their next step is to hang scaffolding over their rooftop and descend into our backyard. The scaffolding will not actually touch our backyard, but will extend 6 or seven feet into our ‘airspace.’ The intrusion will essentially be the same as if he started from the bottom as opposed to the top.

My question is this – can he do this without my permission? Don’t I own the ‘air-rights’ above my property? Any help or info would be greatly appreciated.

By db123 |