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
Recommended Citation
"Charles v. John Doe 1-9" (2026). All Decisions. 2473.
https://ir.lawnet.fordham.edu/housing_court_all/2473
