In re USA Niagara Development Corp.

OPINION OF THE COURT

Smith, J.

In this appeal, we are asked to determine whether Supreme Court properly denied the trade fixture claim of claimant, Sett-co, LLC (Settco). The claim involves a 3.152-acre parcel of property improved by an approximately 113,500-square-foot, single-story building, formerly known as the “Falls Street Faire,” in the City of Niagara Falls. The original developers of the property envisioned a building that would be a combined indoor amusement park, retail mall and entertainment facility, and they hired a renowned amusement park architect to design it. The building…