Legal Opinion
Alf Holding Corp. v. American Stove Co.
New York Court of Appeals
Decided May 6, 1930PublishedCited by 10 opinions
1Opinion of the Court
Caedozo, Ch. J.
Plaintiff, the owner of an apartment house, brings this action for an injunction to restrain the removal of eighty-three gas ranges installed in the apartments under contracts of conditional sale.
Gas ranges are not fixtures within section 67 of the Personal Property Law (Cons. Laws, ch. 41). As to this any doubt there once was has been removed by decisions recently announced (Madfes v. Beverly Dev. Corp., 251 N. Y. 12, and Cohen v. 1165 Fulton Ave. Corp., 251 N. Y. 24). Not being fixtures, they do not come into the plaintiffs ownership as an incident annexed by law to ownership…
2Cases cited2 opinions
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Cohen v. 1165 Fulton Avenue Corp.New York Court of Appeals · 1929
3Cited by10 opinions
- Shelton Holding Corp. v. 150 East Forty-Eighth Street Corp.New York Court of Appeals · 1934
- Rupp, Trustee v. Johnston Co.Court of Appeals of Maryland · 1961
- Manufacturers Trust Co. v. Peck-Schwartz Realty Corp.New York Court of Appeals · 1938
- Modern Security Co. of Philadelphia v. ThwaitesAppellate Terms of the Supreme Court of New York · 1930
- Chasnov v. Marlane Holding Co.City of New York Municipal Court · 1930
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