Telmark, LLC v Gonyo Brothers Dairy Farm and Bordeau Brothers, Inc.
Menter, Rudin & Trivelpiece, P.C. represented a leasing company in an action against its lessee in the New York Supreme Court for the County of Onondaga. The leasing company was the lessor and the defendant was the lessee under four leases of a barn, walkway and associated property. Another defendant held a mortgage lien against the underlying real estate. The holder of the mortgage lien contended that its interest in the property subject to the leases was superior to that of the leasing company as the leases were not true leases and the property constituted fixtures. The court decided in favor of the leasing company and determined the leases to be true leases and the barn, walkway and equipment were personal property and not fixtures. Kevin M. Newman represented Telmark, LLC.
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