Ronald Henry Land Trust v. Sasmor

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

This holdover summary proceeding was brought in the name of an express trust (see EPTL 7-2.1 [a]). Despite repeated objections by appellant Jon Sasmor (tenant) in the answer, in opposition to petitioner’s motion for summary judgment, and by trial motion, that petitioner lacked the capacity to maintain this proceeding, as the statute vests the legal estate of an express trust in the trustees, no motion…