Justice Wayne Saitta, Kings County Supreme Court, just wrote a terrific decision denying a condemnor’s motion to dismiss part of a trade fixture claim. The decision, Pack It Away Storage Systems, Inc. v New York State Urban Development Corporation, d/b/a Empire State Development Corporation, Sup Ct., Kings County, August 9, 2013, Saitta, J. Index No. 1686/12, can be found on the following hyperlink:Pack it Away Storage Systems.
The decision contains important black-letter law. One example is “[w]here the land and fixtures are owned by different entities, and the owner of the fixtures has retained the right to remove them, it is entitled to a separate award for the value of its fixtures….” Another example is “[w]here the owner of the fee is also the owner of the fixtures, it is entitled to be compensated for the fixtures , as well as the fee, provided that the fixtures are not inconsistent with the highest and best use of the property….”