Case Type

Holdover-Licensee

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

LT-000568-26/QU

Slip Opinion Number

2026 NY Slip Op 32226(U)

Petitioner

Julia Charles, as Trustee on behalf of the Binger Irrevocable Trust

Respondent

JOHN DOE 1-9, JANE DOE 1-9, Shakeima Mohondis; Marlon Lawrence; Everton Lorando; O'Neil Barnes; Ana Menezez; Lorando Watson; Hope Rowland; George Worjoh

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-09-17

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, court grants tenant's cross-motion to dismiss because petitioner — an irrevocable trust — appeared through a non-attorney trustee rather than through counsel. Court holds that while a trustee may commence an action on behalf of the trust, the trustee's duty runs to the trust itself, and a trust may not appear through a non-attorney. Dismissal is without prejudice. Court declines to permit cure by allowing trustee to retain counsel, as Second Department authority requires dismissal where a proceeding was improperly commenced by one who could not proceed pro se.

Keywords

Holdover Commenced by Non-Attorney Trustee on Behalf of Irrevocable Trust Dismissed Because Trust Must Appear by Counsel

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