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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: June 25, 2017

Claim Against Trust Dismissed for Lack of Jurisdiction Over Trustee

On June 9, 2017, Justice Singh of the New York County Commercial Division issued a decision in Deutsche Bank AG v. Vik, 2017 NY Slip Op. 31233(U), dismissing claims against a trust for lack of personal jurisdiction over the trustee, explaining:

Without a trustee, a trust cannot maintain or defend a lawsuit. As DB does not allege any connections between Santana and New York, the court cannot find that it has jurisdiction over him. DB argues that jurisdiction over the trust confers jurisdiction over the trustee, citing In re Deyette. That case is of no aid to DB, because jurisdiction over the trustee was based on the Surrogate’s Court Procedure Act ยง 210(2)(b).

(Internal quotations and citations omitted).

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