J.K.S.P. Restaurant, Inc. v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spatt, J.
This case involves a dispute over the validity of the plaintiffs interest in a prefabricated Kullman dining car (diner) which was assembled onsite at 75 North Franklin Street in the Village of Hempstead, New York, and was formerly operated as the Hempstead Town House. The overriding issue raised on appeal is whether the Hempstead Town House diner is to be treated as realty or personalty. Under the circumstances of this case, we hold that the diner is a trade fixture and thus is personalty, subject to a factual determination as to whether it can be removed without…
2Cases cited33 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Congregation Yetev Lev D'Satmar, Inc. v. County of SullivanNew York Court of Appeals · 1983
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- Chittenden Falls Realty Corp. v. Cray Valley Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
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