Legal Opinion

Kelvinator Sales Corp. v. Byro Realty Corp.

City of New York Municipal Court

Decided April 17, 1930PublishedCited by 2 opinions

1Opinion of the CourtDonnelly, J.

In Madfes v. Beverly Development Corp. (251 N. Y. 12) it was held that gas ranges which were installed, and, to *721the extent that the gas piping in each range was attached by a simple coupling to the gas service pipe which delivered gas to the various apartments, were annexed to the building, retain their character as personalty after such annexation, independently of any agreement between buyer and seller, and that, where sold under a conditional sale contract, they are not subject to the lien of a mortgage placed on the building after the installation of the ranges without knowledge on the…

2Cases cited5 opinions

  1. Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
  2. Griffiths v. . MorrisonNew York Court of Appeals · 1887
  3. Kohler Co. v. BrasunNew York Court of Appeals · 1928
  4. Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
  5. Fitzgibbons Boiler Company v. . Manhasset Realty Corp.New York Court of Appeals · 1910

3Cited by2 opinions

  1. In re AlbaneseDistrict Court, N.D. New York · 1930
  2. People v. FensterSuffolk County District Court · 1970

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