Legal Opinion

Roche v. Thurber

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1936PublishedCited by 2 opinions

1Opinion of the Court

Action to foreclose a mortgage, the lien of which covered “ all fixtures and articles of personalty now or hereafter attached to or used in connection with the premises.” Defendant Singer and others claimed a lien superior to the mortgage on the heating plant that was installed by virtue of a conditional sales contract duly filed, after the mortgage had been executed and recorded. The heating plant then in the building was removed and disposed of by Singer and others when the new heating plant was installed. The removal of the heating plant and the installation of the new one in its place…

2Cases cited5 opinions

  1. Central Chandelier Co. v. Irving Trust Co.New York Court of Appeals · 1932
  2. Mechanics & Traders' Bank v. Bergen Heights Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Washington Mortgage Corp. v. Forways Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1932
  4. Joseph Curry Co. v. Geier Construction Co.Appellate Division of the Supreme Court of the State of New York · 1929
  5. Washington Mortgage Corp. v. Forways Realty Corp.New York Court of Appeals · 1932

3Cited by2 opinions

  1. Blancob Construction Corp. v. 246 Beaumont Equity, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
  2. Kinman v. Nyrealty Corp.New York Supreme Court · 1938

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