JP Morgan Chase Bank, N.A. v Woodlawn Cemetery

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JP Morgan Chase Bank, N.A. v Woodlawn Cemetery 2020 NY Slip Op 32454(U) July 27, 2020 Supreme Court, New York County Docket Number: 150433/2020 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 07/27/2020 04:38 PM INDEX NO. 150433/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/27/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HaN. DEBRA A. JAMES PART lAS MOTION 59EFM Justice ---------------------------------------------------------------------------- X INDEX NO. 150433/2020 Jp MORGAN CHASE BANK, N.A., MOTION DATE 02/13/2020 Petitioner, MOTION SEQ. NO. 001 - vTHE WOODLAWN CEMETERY, THE PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, THE COMMUNITY SERVICE SOCIETY OF NEW YORK, CHILDREN'S AID, THE NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN and LETITIA JAMES, as ATIORNEY GENERAL of the STATE of NEW YORK, DECISION + ORDER ON MOTION Respondents. ------------------------------------------------------------------------------ X The following e-filed documents, listed by NYSCEF document number (Motion 001) 11, 18 were read on this motion for JUDGMENT - DECLARATORY ORDER Upon the foregoing ORDERED principal (Special that the petition of an express proceeding maintenance, renovation in Sections Agreement and requesting and to express repair and improvements for on deposit the petitioner's 150433/2020 JPMORGAN CHASE BANK, N.A. Motion No. 001 VS. et ~. the burial care, plot of thereon known as Lot No. 12885 of Woodlawn maintenance pursuant and care Cemetery WOODLAWN CEMETERY as (the to the Trust of Kate A. Harbeck (the "Trust"), 1 of 5 for of a certain 14, 1918, between predecessor to invade the ~~ 7701, trust), with petitioner perpetual December permission to CPLR 137 and 147 on the records plot"), plot, dated it is trust pursuant relating land with mausoleum "burial documents, the burial (Decedent) altered by Page 1 of 5 the [*FILED: 2] NEW YORK COUNTY CLERK 07/27/2020 04:38 PM INDEX NO. 150433/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/27/2020 judgments dated January 1972, is granted, ADJUDGED, 31, 1939, March without DECLARED opposition; and ORDERED 6, 1963, and November 9, and it is further in furtherance of the care, " maintenance, mausoleum renovation and Sections 137 petitioner principal and repair improvements thereon and the 147 on of a burial known records as plot Lot of land with No. of' Woodlawn Jp MORGAN CHASE BANK, N.A. has permission of the Trust up to the entirety for the services required 12885 Cemetery, to invade the of the principal for the care, maintenance in to pay and renovation of the ,Mausoleum; and it is further ORDERED petitioner that upon the exhaustion shall submit an affidavit of such Trust of final account principal, pursuant to CPLR ~ 7702. DECISION On or about December 4, 1918 Kate A. Harbeck (decedent) , executed an agreement interest Central perpetual Union Trust Company maintenance with mausoleum with petitioner JPMorgan's thereon, burial situate plot of land in Woodlawn Cemetery in the City of New York known as lot No. 12885 in Sections 137 and 147 on the records of said Woodlawn The decedent was admitted passed to probate of her will directed 150433/2020 Mntinn t\ln JPMORGAN nn1 away On December on April in of New York for the and care of "a certain and improvements predecessor 20, 1931. that her residuary 2 of CEMETERY 5 CHASE BANK, N.A. VS. WOODLAWN Cemetery." 31, 1930 and her will The residuary clause estate be left to five Page 2 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 07/27/2020 04:38 PM INDEX NO. 150433/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/27/2020 charitable organizations. are named as respondents By judgment supplemental between of the Trust was settled 4, 1918 and February The 1939 judgment insufficient income to utilize'for care of the Mausoleum, income, the trustee respondent the proper maintenance amounts it unnecessary or was to hold such to perform to utilize such acts, or any unused to pay such unused income to charities. By judgment accounting dated October 1963, a second of the Trust was settled 1936 to March enforced (the "1939 that if there was petitioner-trustee was directed for the period 14, 1936 directed income until it had sufficient deemed successor 31, 1939, a first and second Judgment") . if the trustee or their herein. dated January account December Such organizations 6, 1963 for the period (the "1963 Judgment"). the income and invasion judicial directives February 14, The 1963 Judgment of the 1939 Judgment. By Judgment restriction to invade certain dated November was lifted, the principal tax distribution Between 9, 1972, the investment and the trustee was granted to the extent necessary to comply approximately $6,00 per year in income, which was used for general 150433/2020 JPMORGAN Motion No. 001 with requirements. 1963 and 2018, the Trust generated of the Mausoleum. permission During that period, CHASE BANK, N,A. VS. WOODLAWN petitioner CEMETERY 3 of 5 ~aintenance paid the Page 3 of 5 [*FILED: 4] NEW YORK COUNTY CLERK 07/27/2020 04:38 PM INDEX NO. 150433/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/27/2020 Cemetery approximately income exceeded such excess $2,700 for the designated such amount by $100,000, income to respondent tasks. petitioner charities between As the distributed 1963 and 2018. Petitioner maintain has continued the burial plot with Mausoleum, escalated. The Mausoleum degradation of the its gutter of internal mosaics, from water requested leaks. $15,000 Cemetery advised with potential petitioner petitioner's However, request From an independent estimate of building; contractor, (ii) $250,000 prevented; and building. As of March income petitioner arising and estimates The foundation, grants for the has not responded to for the repair petitioner has obtained work. an of the entire to ensure for cleaning gaps, to open areas. would pursue for flashing flaking filling mortar for the scaffolding (iii) $25,000 damage, that its not-for-profit for written (i) $75,000 structural caulking the Cemetery due to the and the consequent including Cemetery, to but such costs have contacted and applying of the Woodlawn maintenance. system, for repairs, the gutters income has fallen into disrepair The Cemetery cleaning Friends to use the Trust future and sealing 31, 2019, the total amount leaks are the of Trust is $15,474.76. Petitioner petitio~ has submitted and petition 150433/2020 JPMORGAN Motion No. 001 proof of service and proof of service CHASE BANK, N.A. vs. WOODLAWN CEMETERY 4 of 5 of the notice of this motion of upon Page 4 of 5 [*FILED: 5] NEW YORK COUNTY CLERK 07/27/2020 04:38 PM NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/27/2020 respondents The Woodlawn Cemetery, the Presbyterian the City of New York, The Community Children's Cruelty Service Aid, and the New York Society to Animals, Petit~oner York. INDEX NO. 150433/2020 and the Attorney has further in the form of the Verified CPLR Article Petition Respondents 77. Society of of the State of New an affidavit for a Judgment have neither in of New York, for the Prevention General submitted Hospital answered of facts, pursuant to nor appeared. Petitioner impracticable repair has demonstrated or impossible and maintenance the Trust amended pursuant income, to cover the costs of the care, of the burial plot with Mausoleum as required to CPLR 7701, et ~., application Trust principal from under the terms of the Trust, as Therefore, by the 1939, 1963 and 1972 Judgments. petitioner's required that it has become this court shall grant and allow petitioner up to the entirety to invade of such funds, the to pay for the maintenance. 7/27/2020 DATE ~/ CASE DISPOSED CHECK ONE: X GRANTED D ~~ D NON-FINAL GRANTED DENIED APPLICATION: SETTLE ORDER SUBMIT CHECK IF APPROPRIATE: INCLUDES FIDUCIARY 150433/2020 JPMORGAN Motion No. 001 ~ TRANSFER/REASSIGN CHASE BANK, N.A. vs. WOODLAWN / 5 of 5 ~ CEMETERY IIJ ~C'A RA rJAMES: J.S:C. DISPOSITION IN PART ORDER APPOINTMENT D OTHER D REFERENCE Page 5 of 5

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