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BERGER v. ALEXOPOULOS

280 A.D.2d 505 (2001)

721 N.Y.S.2d 81

VINCENT G. BERGER, JR., et al., Respondents, v. PETER ALEXOPOULOS, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2001.

Ordered that the judgment is affirmed, with costs.

When a debtor has defaulted on an obligation for which fixtures or goods, located on real property owned by a third-party, have been given as collateral, the secured party may remove that collateral from the property. However, the secured party must reimburse the owner of the real property for the costs of repair or any physical injury to it caused by the removal of the fixtures or goods (see, UCC 9-313 [8...

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