Lightolier Co. v. Del Mar Club Holding Co

In Lightolier Co. v. Del Mar Club Holding Co. (237 A.D. 432 [1st Dept 1933]), the Court stated: " certain chattels have such a determinate character as movables that they remain personal property, after their annexation to real estate while other chattels, such as brick, stone and plaster placed in the walls of a building, notwithstanding an agreement to the contrary, conclusively become real estate after annexation thereto." (Lightolier at 439.) In that case, the Court determined that one of the fundamental determinative factors was whether the property could be removed without practically destroying it, or where it or part of it, is essential to the support of that to which it is attached. (Lightolier at 439.)