Neponsit Property Owners’ Association v. Emigrant Industrial Savings Bank
New York Court of Appeals
15 N.E.2d 793 (1938)
- Written by Rocco Sainato, JD
Facts
Neponsit Realty Company (Neponsit) subdivided a plot of land for residential development. The deeds contained a covenant requiring the purchaser and all successors to pay an annual fee to an owners’ association for maintaining common areas like roads and other public purposes. The covenant gave Neponsit or its successors or assigns the right to foreclose a lien for failure to make payment. The covenant expressly stated that it was a real covenant running with the land. The Neponsit Property Owners’ Association (POA) (plaintiff) was formed. Emigrant Industrial Savings Bank (Emigrant) (defendant) bought a property in the subdivision at a judicial sale. Emigrant’s deed contained the covenant. Emigrant failed to pay the fee, and the POA sued to foreclose on the lien. Emigrant counterclaimed and moved for dismissal or judgment on the pleadings, which was denied. The POA’s motion to strike affirmative defenses and dismiss the counterclaim was granted. The appellate court affirmed but granted Emigrant leave to appeal to the New York Court of Appeals on certified questions.
Rule of Law
Issue
Holding and Reasoning (Lehman, J.)
What to do next…
Here's why 830,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
