Realty Associates v. Conrad Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Blest & Emery Company, Inc., and another, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of May, 1917, upon the decision of the court, after a trial at the Kings County Special Term, as adjudges that certain steam boilers and radiators are subject to the plaintiff’s mortgages which are liens upon the real property to which they are annexed.
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Appeal by the defendants, Blest & Emery Company, Inc., and another, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of May, 1917, upon the decision of the court, after a trial at the Kings County Special Term, as adjudges that certain steam boilers and radiators are subject to the plaintiff’s mortgages which are liens upon the real property to which they are annexed. The judgment decreed a foreclosure of and sale under the mortgages.
1Opinion of the Court
Blackmar, J. :
The appellants contend that the boilers and steam radiators, remain personalty notwithstanding their afExion to the realty, under the doctrine of Central Union Gas Co. v. Browning (210 N. Y. 10). That case concerned gas ranges annexed to the realty in a manner very similar to that of the annexation of the radiators and boilers in the present case. If the chattels in question were not part of a steam heating apparatus, we should think the case above cited governed. But defendant Blest & Emery Company, Inc,, under contract with the owner, Conrad Construction Corporation, installed…
2Cases cited9 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- Davis v. . BlissNew York Court of Appeals · 1907
- Mott v. . PalmerNew York Court of Appeals · 1848
- Central Union Gas Co. v. . BrowningNew York Court of Appeals · 1913
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
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3Cited by2 opinions
- Kent Storage Co. v. Grand Rapids Lumber Co.Michigan Supreme Court · 1927
- McCloskey v. HendersonAppellate Division of the Supreme Court of the State of New York · 1919