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133 A.D. 939

Greer v. Freystadt

Appellate Division of the Supreme Court of the State of New York · decided 1909-07-15

<p>Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.</p>

Decided 1909-07-15

Per Curiam :

¶1It appears from the submission that the plaintiff has laid out and expended for electricity to January 14, 1909, the sum of seventeen dollars and seventy-eight cents. During this time the defendant was in possession of the premises, and it would seem that the plaintiff was entitled to judgment for *940that 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 seventeen dollars and seventy-eight cents, without costs. Present — Ingraham, McLaughlin, Laughlin, Clarice and Houghton, JJ. Judgment ordered for plaintiff, as directed in opinion. Settle order on notice.

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