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Sea Gate Ass'n v. Fleischer

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1955
1 A.D.2d 702 (N.Y. App. Div. 1955)

Summary

In Sea Gate v Fleischer, 211 NYS2d 767 [1960], it was set forth that the rule that residents cannot avoid responsibility for their fair share of assessments by opting not to use them or foregoing membership privileges finds a parallel in the Condominium Act provisions that prohibits unit owners from attempting to exempt themselves from assessments by agreeing not to use common facilities.

Summary of this case from BAY CREST ASSOCIATION, INC. v. PAAR

Opinion

December 29, 1955


In an action on implied contract, the appeal is from an order striking out the complaint, with leave to plead over omitting verbose, redundant and evidentiary allegations. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.


Summaries of

Sea Gate Ass'n v. Fleischer

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1955
1 A.D.2d 702 (N.Y. App. Div. 1955)

In Sea Gate v Fleischer, 211 NYS2d 767 [1960], it was set forth that the rule that residents cannot avoid responsibility for their fair share of assessments by opting not to use them or foregoing membership privileges finds a parallel in the Condominium Act provisions that prohibits unit owners from attempting to exempt themselves from assessments by agreeing not to use common facilities.

Summary of this case from BAY CREST ASSOCIATION, INC. v. PAAR
Case details for

Sea Gate Ass'n v. Fleischer

Case Details

Full title:SEA GATE ASSOCIATION, Appellant, v. MAX FLEISCHER, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 29, 1955

Citations

1 A.D.2d 702 (N.Y. App. Div. 1955)

Citing Cases

BAY CREST ASSOCIATION, INC. v. PAAR

In Sea Gate v Fleischer, 211 NYS2d 767 [1960], it was set forth that the rule that residents cannot avoid…