Ethel Madfes, Respondent v. Beverly Development Corporation, Defendants, and the Coalecon Company, Inc…

Summary

The New York Court of Appeals held that the gas ranges installed in the apartment building remained personal property and were not subject to the mortgage, because they are of the class of chattels that remain personalty after annexation and § 67 of the Personal Property Law does not convert such items into fixtures. The Court reversed the Appellate Division, modified the judgment to award possession of the ranges to the seller, and affirmed the decision with costs to the appellant. Justice Crane dissented, arguing that modern conditions make such ranges fixtures.