SEAVIEW ASS'N OF FIRE ISLAND, N.Y., INC. v. WILLIAMS 69 N.Y.2d 987 (1987) CASE BRIEF

SEAVIEW ASS'N OF FIRE ISLAND, N.Y., INC. V. WILLIAMS
69 N.Y.2d 987 (1987)
NATURE OF THE CASE: This was a dispute over the payment of association dues and fees. Williams (D) sought review of a judgment, which affirmed the judgment of the trial court in finding in favor of Seaview (P), homeowners association, in their action to recover assessments for the years 1976 through 1984.
FACTS: Seaview property owners were assessed a share of annual costs to maintain a rent free home for a resident doctor in the summer; shelters for lifeguards and Suffolk County Police, as well as snow fences, anti-erosion devices, a nature area, and recreational facilities. Ds owned homes in Seaview and refused to pay any of the assessments. The Association (P) sued them for the fees. The trial court gave the verdict to P by finding that D was liable under an implied contract; they bought the homes there with knowledge of the nature of the community and the conditions imposed upon ownership therein. D contended that they never used any of the facilities, and should not be obligated to pay unless they expressly agreed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment