Greer v. Freystadt — 118 N.Y.S. 1109

Majority

p. 1109

GREER v. FREYSTADT.

(Supreme Court, Appellate Division, First Department.

July 13, 1909.)

Headnote

Submission of controversy on an agreed statement of facts, under Code Civ. Proe. § 1280, by Clara A. M. Greer against William H. Freystadt. Judgment ordered for plaintiff.

Omri F. Hibbard, for plaintiff. Benjamin H. Stern, for defendant.

It appears from the submission that the plaintiff has laid out and expended for electricity to January 14, 1909, the sum of $17.78. During this time the defendant was in possession of the premises, and it would seem that the plaintiff was entitled to judgment for that amount. As to the installment of the apparatus mentioned and described in the submission, it is stipulated that this apparatus is affixed to the realty and has become a permanent addition thereto. Upon this stipulation it is clear that the defendant is not liable for installing a permanent addition to the realty. Judgment should be ordered for the plaintiff for $17.78, without costs.