Bank of New York Mellon Trust Co. v. Ginsberg

Hanzman, Michael A., Associate Judge.

Appellant, the Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank, N.A., as Trustee for Ramp 2003RS9 (the “Bank”), seeks reversal of summary judgment in favor of appellee, Harlan Ginsberg (“Ginsberg”). The Bank asserts that the disparity between the name of the trust in the complaint and the name of the trust in the special endorsement to the promissory note did not create a standing defect. We agree and reverse.

The Bank alleged in its complaint that it was trustee…