2006 New York Code - Lessor\'s And Lessee\'s Rights When Goods Become Accessions.



 
  Section 2-A-310. Lessor's   and   Lessee's   Rights  When  Goods  Become
                     Accessions.
    (1) Goods are "accessions" when they are installed in  or  affixed  to
  other goods.
    (2)  The  interest  of  a  lessor  or  a lessee under a lease contract
  entered into before the goods  became  accessions  is  superior  to  all
  interests in the whole except as stated in subsection (4).
    (3)  The  interest  of  a  lessor  or  a lessee under a lease contract
  entered into at the  time  or  after  the  goods  became  accessions  is
  superior  to  all subsequently acquired interests in the whole except as
  stated in subsection (4) but is subordinate to interests  in  the  whole
  existing  at  the time the lease contract was made unless the holders of
  such interests in the whole have in writing consented to  the  lease  or
  disclaimed an interest in the goods as part of the whole.
    (4)  The  interest  of  a  lessor  or  a lessee under a lease contract
  described in subsection (2) or (3) is subordinate to the interest of:
         (a) a buyer in the ordinary course of business or a lessee in the
             ordinary course of business of  any  interest  in  the  whole
             acquired after the goods became accessions; or
         (b) a  creditor  with  a security interest in the whole perfected
             before the lease contract was made to  the  extent  that  the
             creditor  makes  subsequent advances without knowledge of the
             lease contract.
    (5) When under subsections (2) or (3) and (4) a lessor or a lessee  of
  accessions  holds  an  interest that is superior to all interests in the
  whole, the  lessor  or  the  lessee  may  (a)  on  default,  expiration,
  termination,  or  cancellation  of the lease contract by the other party
  but subject to the provisions of the lease contract and this Article, or
  (b) if necessary to enforce his or her other rights and  remedies  under
  this  Article,  remove  the  goods from the whole, free and clear of all
  interests in the whole, but he or she must reimburse any  holder  of  an
  interest  in  the  whole who is not the lessee and who has not otherwise
  agreed for the cost of repair of any physical injury  but  not  for  any
  diminution  in  value  of  the  whole caused by the absence of the goods
  removed or by any necessity for replacing them.  A  person  entitled  to
  reimbursement  may  refuse  permission to remove until the party seeking
  removal gives adequate security for the performance of this obligation.

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