From our private database of 37,200+ case briefs...
Neponsit Property Owners’ Association v. Emigrant Industrial Savings Bank
Court of Appeals of New York
278 N.Y. 248, 15 N.E.2d 793 (N.Y. 1938)
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 Court of Appeals of New York on certified questions.
Rule of Law
Holding and Reasoning (Lehman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 630,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 630,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,200 briefs, keyed to 984 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.