Neponsit Property Owners'
Association, Inc. v. Emigrant Industrial Savings Bank case brief summary
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15
N.E.2d 793
CASE SYNOPSIS: In
plaintiff's action to foreclose upon a lien against real property
owned by defendant, defendant sought review of an order of the
Appellate Division of the Supreme Court (New York), which affirmed
the trial court's denial of defendant's motion for judgment on the
pleadings. The trial court's decision to strike defendant's
counterclaim and defenses was also affirmed.
FACTS: A realty company conveyed by deed several parcels of land developed by it for a residential community. The deeds contained a covenant, that by its own terms was a lien that ran with land, and bound all subsequent to an annual fee for the purposes of maintaining the community's public amenities. Plaintiff was assigned the interest in a covenant; defendant obtained land subject to the covenant from a judicial sale. In plaintiff's action to foreclose upon its lien, the trial court struck defendant's various defenses, its counterclaim against plaintiff, and denied defendant's motion for judgment on the pleadings.
HOLDING:
On appeal, the court affirmed, holding that: (1) defendant's defenses were properly struck as redundant of plaintiff's allegations in its complaint; and (2) plaintiff's covenant ran with the land as it was clearly intended to run with the land, touched and concerned the land, and there was privity of estate between the parties.
CONCLUSION: Judgment affirmed; defendant was properly denied judgment on the pleadings as the evidence showed that plaintiff's lien was a valid and enforceable covenant that ran with the land. Additionally, defendant's defenses were properly struck from its answer as redundant because they were merely argumentative denials of allegations plaintiff's complaint.
FACTS: A realty company conveyed by deed several parcels of land developed by it for a residential community. The deeds contained a covenant, that by its own terms was a lien that ran with land, and bound all subsequent to an annual fee for the purposes of maintaining the community's public amenities. Plaintiff was assigned the interest in a covenant; defendant obtained land subject to the covenant from a judicial sale. In plaintiff's action to foreclose upon its lien, the trial court struck defendant's various defenses, its counterclaim against plaintiff, and denied defendant's motion for judgment on the pleadings.
HOLDING:
On appeal, the court affirmed, holding that: (1) defendant's defenses were properly struck as redundant of plaintiff's allegations in its complaint; and (2) plaintiff's covenant ran with the land as it was clearly intended to run with the land, touched and concerned the land, and there was privity of estate between the parties.
CONCLUSION: Judgment affirmed; defendant was properly denied judgment on the pleadings as the evidence showed that plaintiff's lien was a valid and enforceable covenant that ran with the land. Additionally, defendant's defenses were properly struck from its answer as redundant because they were merely argumentative denials of allegations plaintiff's complaint.
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