A. C. Wicke Mfg. Co. v. Dinkel

Headnote

Liens — action to foreclose mechanic’s lien — when cooler erected in leased premises at request of tenant a fixture.

Wicke Mfg. Co. v. Dinkel, 200 App. Div. 869 , affirmed.

Appeal from a judgment, entered March 2,1922, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in. favor of defendants, appellants, entered upon the report of a referee and directing judgment in favor of plaintiff. The action was to foreclose a mechanic’s lien for the cost of erecting a cooler in premises belonging to to defendants, appellants, at the request of a corporation, since bankrupt, but at that time a lessee and occupant of the store on the ground floor of the premises. The trial court found that the ice box was a trade fixture in ordinary use in any butcher business and that it was not incorporated into the freehold and was not intended to

be so incorporated, and that the defendants, the owners, did not consent to its erection. The findings of fact were overruled and reversed by the Appellate Division and new findings of fact and conclusions of law were made to the effect that the ice box was constructed with the consent of the owners of the fee, and was intended to and did become a fixture of the realty.