Case Type

Holdover-Licensee

Housing Type

Other

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Queens County (Queens)

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

2024-458 Q C

Slip Opinion Number

2025 NY Slip Op 50848(U)

Petitioner

Edward J. Ford, as Trustee of the Joan Ford Revocable Living Trust

Respondent

Pamela Cruz Ford, John Doe #1, Jane Doe #1

Judge

Toussaint, Wavny; Buggs, Cheree A.; Mundy, Marina Cora

Decision/Order Date

2025-05-23

Posture

Other

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The Appellate Term affirmed the Civil Court's order denying the tenant's motion to dismiss or for summary judgment and granting the landlord's cross-motion to amend the petition in a licensee holdover proceeding. Key legal points included that a trust's trustee is the proper party to maintain an action, and amendment to substitute the trustee is appropriate where, as here, the trustee signed relevant documents and no prejudice was shown. The court also found the conspicuous-place service of the predicate notice and petition was proper, supported by three attempts at different times. Additionally, the tenant's documentary evidence did not conclusively refute the landlord's ownership, and the petition adequately pleaded the cause of action.

Keywords

Petition Amendable; Substitution of Petitioner Permitted; No Surprise or Prejudice Alleged; Service was Reasonable

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