Sigrol Realty Corp. v. Valcic

212 N.Y.S.2d 224 (1961) aff'd mem. 80 N.E.2d 904 (1962)

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Nature of the Case

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Facts

Wilmore owned property known as Robinson's Beach. Several frame bungalows were put on the property during Wilmore's ownership by various tenants who rented land from them. The bungalows rested on cinder blocks and were not bolted to the ground, and they had no basements. Upon severance of the water and electrical connections, the bungalows could be easily removed without injury to them or the land. Some of the tenants even sold their bungalows without obtaining permission from Wilmore. In 1959, Wilmore sold the land to P with the buildings and improvements thereon, subject to the rights of tenants if any. The contract stated that fixture and articles of personal property attached or appurtenant to the premises are represented to be owned by the seller free from all liens and encumbrances. P obtained possession and got a final order in summary proceedings against Ds with a stay for the removal of personal property. D attempted to remove the bungalow and P instituted a declaratory action to state that he owned them. P prevailed, and D appealed.