Opinion
October 7, 1975
Appeal from the Civil Court of the City of New York, Bronx County, ARTHUR J. WACHTEL, J.
Francis X. Walsh for appellants.
Nickerson, Kramer, Lowenstein, Nessen, Kamin Soll (Thomas H. Moreland of counsel), for respondent.
The jury's determination that the vicinity known as Fieldston is a private residential community, and that the defendant homeowners had notice of the private nature of such community, is consistent with the preponderating weight of the evidence. As owners of property within the area, defendants were entitled to and did enjoy the facilities maintained and services provided by the plaintiff property owners' association for the benefit of the entire community. Accordingly, they were under a corresponding duty to pay their proportionate share of the budgeted costs for such community services, despite their failure to exercise the right to join the association (Sea Gate Assn. v Fleisher, 211 N.Y.S.2d 767; Patchogue Props. v Cirillo, 54 Misc.2d 863, affd 60 Misc.2d 71; Tomkins Lakes Estates Assn. v Speisman, 51 Misc.2d 488).
Judgment and order, entered July 3, 1974 (WACHTEL, J., and jury), affirmed, with $25 costs.
Concur — FINE, P.J., FRANK and HUGHES, JJ.