Legal Question in Landlord & Tenant Law in New York

Is a refrigerator a fixture?

I own a deli in Manhattan and my landlord is evicting me. So I am in the process of selling all the valuable things in the deli.

All of sudden, my landlord claims the refrigerator and walk-in-freezers affixed to the premises AND therefore they fixtures and his property.

Does he have legal rights on those refrigerator and walk-in-freezers? I believe that these are trade fixtures and I am the legal owners.

Your advise would be greatly appreciated.

Thank you.


Asked on 1/06/09, 11:07 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Is a refrigerator a fixture?

The answer hinges on several factors. Most basic are who installed these fixtures and whether they can be removed easily and without causing harm to the physical structure of the property.

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Answered on 1/06/09, 12:07 pm


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