Legal Opinion · Dissent

Seaview Ass'n of Fire Island, N. Y., Inc. v. Williams

Appellate Division of the Supreme Court of the State of New York

Decided August 28, 1986Published

1DissentMurphy, P. J.

Plaintiff, The Seaview Association of Fire Island, is a homeowners’ association which has acquired property in, and assumed some management responsibility for Seaview, an unincorporated community on Fire Island. Plaintiff has sought for some time to collect blanket pro rata assessments from certain homeowners, including the defendants in this action, who have chosen not to join the Seaview Association. Defendants’ persistent refusal to pay these assessments gave rise to this

lawsuit.

The legal theory upon which plaintiff relies is that, despite their nonmembership in the Seaview Association,…

2Cases cited3 opinions

  1. Patchogue Properties, Inc. v. CirilloNew York District Court · 1967
  2. Tomkins Lakes Estates Ass'n v. SpeismanNew York Supreme Court · 1966
  3. Shrub Oak Park Community Ass'n v. FiduciaAppellate Division of the Supreme Court of the State of New York · 1978

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