Whiteside v. Noyac Cottage Ass'n
New York Supreme Court
Appeal from special term, New York county. Action by Newton E. Whiteside and others against the Noyac Cottage Association to remove assessments made on lots of plaintiffs by the association as a cloud on their titles, and to enjoin defendant from forfeiting plaintiffs’ rights as members of the association.
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Appeal from special term, New York county. Action by Newton E. Whiteside and others against the Noyac Cottage Association to remove assessments made on lots of plaintiffs by the association as a cloud on their titles, and to enjoin defendant from forfeiting plaintiffs’ rights as members of the association. From a judgment dismissing the complaint and vacating preliminary injunction, and from an order denying a motion to set aside the judgment and. to strike out the words “on the merits,” plaintiffs appeal.
1Per curiam 1
This action was brought to remove a cloud upon the title of the plaintiffs to certain lots owned by them as members of the defendant, claimed to have been caused by the lien of an assessment levied upon them under the by-laws of the defendant, and to enjoin defendant from forfeiting their rights as members by reason of their nonpayment of such assessment. Upon the trial it was shown that the respondent, as a club, was incorporated, under chapter 267 of the Laws of 1875 and its amendments, for social and recreative purposes, and that after incorporation it purchased a tract of about 40 acres…
Also in this document: Per curiam 2.
2Cited by1 opinion
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