PROP. OWNERS v. TRENDS


83 Misc.2d 685 (1975)

Fieldston Property Owners Association, Inc., Respondent, v. Decorative Trends, Inc., et al., Defendants, and Gertrude Gales et al., Appellants.

Supreme Court, Appellate Term, First Department.

October 7, 1975


Attorney(s) appearing for the Case

Francis X. Walsh for appellants. Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll (Thomas H. Moreland of counsel), for respondent.

Concur — FINE, P. J., FRANK and HUGHES, JJ.


Per Curiam.

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...

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