ORANGE COUNTY—POUGHKEEPSIE MSA LIMITED PARTNERSHIP v. BONTE


301 A.D.2d 583 (2003)

754 N.Y.S.2d 312

ORANGE COUNTY—POUGHKEEPSIE MSA LIMITED PARTNERSHIP, Doing Business as BELL ATLANTIC MOBILE, Respondent, v. THEODORE J. BONTE et al., Appellants.

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

Decided January 21, 2003.


Ordered that the judgment is affirmed, with costs.

Contrary to the defendants' contentions, the communications tower erected by the plaintiff on the leased premises was a trade fixture, as it was annexed to the leased premises by the plaintiff, and intended to be used solely for the plaintiff's business and trade (see J.K.S.P. Rest. v County of Nassau, 127 A.D.2d 121, 125). As such, the tower remained the plaintiff's personal...

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