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124 A.D. 289

Griffin v. Ernst

Appellate Division of the Supreme Court of the State of New York · decided 1908-02-21

Appeal by the plaintiff, Henry 0. Griffin, from a judgment of the Supreme Court in favor of the defendant, Gustav Ernst, entered in the office of the clerk of the county of New York on the 4th day of December, 1907, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint. .

Decided 1908-02-21

Ingraham, J,- (dissenting) :

¶1I dissent. It seems to me perfectly clear that this machinery was installed in this building for the owner’s use and not' in any way as an improvement of the real property within the provisions of section 3 of the Lien Law (Laws of 1897, chap. 418). Improving real property is one thing. Furnishing a house or building with furniture or other appliances to make the use of the real property convenient or profitable is quite. another, and it seems to me that all the machinery that the plaintiff furnished came distinctly Within the latter class. There was no improvement of real property, because there was nothing added to the real property by the plaintiff that became a part of the realty, or which in any way improved it.

¶2I think the judgment should be affirmed.

¶3Judgment reversed, new trial ordered, costs to appellant to abide event.

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