McOwen v. Zimmerman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Anthony McOwen against Albert Zimmerman and another. From a judgment of the Municipal Court of the City of New York in favor of the plaintiff, defendants appeal.
1Opinion of the CourtPendleton, J.
The action was for conversion by the defendants of certain personal property. The whole question turns on whether or not the articles were so affixed to defendants’ realty as to become fixtures attached thereto. It appeared at the trial that the plaintiff was a tenant under lease of certain premises used for store and office purposes. The plaintiff sublet a portion of the premises. Two subtenants during the term of the lease installed upon the premises a steam-heating apparatus, including a heater, two radiators, and the necessary piping, coil, and tanks to complete a steam-heating plant for…
2Cases cited3 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Mechanics & Traders' Bank v. Bergen Heights Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1910
- Jacob v. KelloggAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Nine Hundred Main, Inc. v. City of HoustonCourt of Appeals of Texas · 1941