Tuxedo Park Ass'n v. Dembeck

Appellate Terms of the Supreme Court of New York

Tuxedo Park Ass'n v. Dembeck

17 Misc. 2d 942, 187 N.Y.S.2d 58, 1959 N.Y. Misc. LEXIS 4005

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 2, 1959

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 942 (Tuxedo Park Ass'n v. Dembeck) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tuxedo Park Ass'n v. Dembeck, 17 Misc. 2d 942, 187 N.Y.S.2d 58, 1959 N.Y. Misc. LEXIS 4005 (N.Y. Ct. App. 1959).

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Opinion

Per Curiam.

The covenants in the deed to the defendants ran with the land and subjected defendants to a personal judgment for the services rendered by plaintiff pursuant to the covenants. The defendants are also liable for the cost of those additional services, particularly police and fire protection and sewage disposal, which were not covered by the covenants but which were performed by the plaintiff for the benefit of all property owners. The cost of plaintiff’s assessments and charges were fair and reasonable and consistent with the intention of the covenants.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff against the defendant Benjamin Dembeck in the amount of $1,670.23, and against the defendant Sylben Bealty Corp., in the amount of $1,117.95, with costs.

Concur — Heoht, J. P., Steueb and Tilzer, JJ.

Judgment reversed, etc.

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Per Curiam.

The covenants in the deed to the defendants ran with the land and subjected defendants to a personal judgment for the services rendered by plaintiff pursuant to the covenants. The defendants are also liable for the cost of those additional services, particularly police and fire protection and sewage disposal, which were not covered by the covenants but which were performed by the plaintiff for the benefit of all property owners. The cost of plaintiff’s assessments and charges were fair and reasonable and consistent with the intention of the covenants.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff against the defendant Benjamin Dembeck in the amount of $1,670.23, and against the defendant Sylben Bealty Corp., in the amount of $1,117.95, with costs.

Concur — Heoht, J. P., Steueb and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

17 Misc. 2d 942, 187 N.Y.S.2d 58, 1959 N.Y. Misc. LEXIS 4005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuxedo-park-assn-v-dembeck-nyappterm-1959.

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