Summary
In Fitzgibbons Boiler Co. v. Manhasset Realty Corporation (198 N.Y. 517, revg. 125 A.D. 764, upon the dissenting opinion of SCOTT, J.) it was held that boilers connected to a building by steam piping, which could be disconnected, taken apart, removed and replaced without serious injury to the building, were not so affixed to the realty that the intention of the parties that they remain personalty would not be given effect.
Summary of this case from Modern Security Co. v. ThwaitesOpinion
Submitted February 16, 1910
Decided March 4, 1910
A.H. Gleason for appellant.
Charles I. McBurney for respondent.
Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of SCOTT, J., below.
Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER and HISCOCK, JJ.