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General Electric Capital Corp. v. Oncology Associates Of Ocean County

2011 WL 6945739, 2011 U.S. Dist. LEXIS 143919 (2011)

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General Electric Capital Corp. v. Oncology Associates Of Ocean County

United States District Court for the District of New Jersey

2011 WL 6945739, 2011 U.S. Dist. LEXIS 143919 (2011)

Facts

New Jersey law indicated that items of personal property became fixtures if the personal property became so related to real property that an interest in the personal property arose under real-property law. However, the relevant statute did not define when that relation arose. Oncology Associates of Ocean County LLC (defendant) argued that New Jersey followed either the institutional doctrine or the traditional test, which contemplated the clear intention of the parties. The governing document specifically indicated that the equipment in question was to remain tangible personal property.

Rule of Law

Issue

Holding and Reasoning (Bongiovanni, J.)

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