Family members of those buried in a Queens cemetery lack standing to sue a synagogue to enforce a trust established for the perpetual care of lots there, but a man who paid for the care of three plots can pursue a breach of contract claim, a unanimous Manhattan appellate court has ruled.
“Allowing relatives to bring lawsuits as to each lot, plot or grave could create endless litigation, substantially depleting the trust assets,” Justice David Saxe (See Profile) of the Appellate Division, First Department, wrote in Lucker v. Bayside Cemetery, 10245. “Enforcement of the subject charitable trusts is therefore best left to the attorney general, so as not to expose the trust funds to money-draining multiple lawsuits, and to avoid setting a precedent of allowing a broad, vague beneficiary base to commence multiple actions against a charitable trust.”
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