
    M. P. Moller, Inc., Respondent, v. Wedgeway-Strand Theatre Co., Inc., et al., Defendants, and William W. Farley, as Receiver, and the Farash Theatre Co., Inc., Appellants.
    
      Replevin — conditional sale — foreclosure of mortgage covering building wherein had been installed pipe organ under contract of conditional sale — action by seller to recover organ.
    
    
      Moller, Inc., v. Farley, 219 App. Div. 750, affirmed.
    (Argued October 12, 1927;
    decided October 28, 1927.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1927, modifying and aflSrming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in an action in replevin to recover a pipe organ installed by plaintiff in a theatre under a contract of conditional sale. A prior mortgage covering the premises provided that all fixtures and appurtenances thereafter placed in the theatre should be considered a part of the realty. The mortgage was thereafter foreclosed and defendant Farley appointed receiver.
    
      Amasa J. Parker, Jr., for appellants.
    
      Charles G. Fryer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.  