Legal Opinion
Fisher v. Baronti
White Plains City Court
Decided May 23, 2003Published
1Opinion of the Court
OPINION OF THE COURT
Andrew K. Brotmann, J.
What constitutes a fixture to real property? Where is the line drawn between what is a chattel and what articles become so affixed to a property so as to become a part thereof? This is an issue which has vexed parties to real estate transactions for hundreds of years. (See 1 Dolan, Rasch’s Landlord and Tenant — Summary Proceedings § 16.2 [4th ed], citing Gould v Springer, 206 NY 641, 646 [1912].)
The facts in the instant matter are uncontested. Plaintiff purchased a single-family residence from defendants on May 2, 2002. When plaintiff moved in, she…
2Cases cited7 opinions
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Tifft v. . HortonNew York Court of Appeals · 1873
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Potter v. . CromwellNew York Court of Appeals · 1869
- Gould v. . SpringerNew York Court of Appeals · 1912
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