ESTATE OF YUEN GEE, Deceased — In this proceeding commenced by order to show cause, the co-executors and co-trustees seek, inter alia, the following relief against the decedent’s son, who is the income beneficiary of a testamentary trust comprised of real property at which the son resides: (1) the turnover of $3,000 in rent and use and occupancy paid to the son by tenants of a downstairs apartment at the realty; (2) possession of the upstairs apartment and surrounding areas at the realty used and occupied by the son, his wife and their infant child; (3) an order allowing the petitioners to enter the upstairs apartment to show that space to prospective purchasers and lessees and directing the son to cooperate; (4) the son’s turnover of $14,400 for the fair and reasonable rental value of the upstairs apartment and surrounding areas for the period April 2011 to and including March 2012 (and presumably for any unpaid months thereafter); and, (5) lifting a prior restraining order entered by this court with respect to a landlord/tenant proceeding previously commenced by the petitioners, and to remove and consolidate that landlord/tenant proceeding with this proceeding. In connection with the relief sought in (5), the petitioners also request that this court render a decision and order on various branches of their prior motion, allegedly returnable on September 14, 2011, which, inter alia, seeks similar relief, the removal of the son from the premises and an award of all legal fees and disbursements the petitioners incurred to date in all proceedings before this and other courts. The motion allegedly returnable on September 14, 2011 was never served and filed but is appended as Exhibit 7 to the petitioners’ order to show cause which was served on the son. In response to the petition, the son filed objections and, thereafter, the parties agreed that, to the extent possible, the petition and objections were submitted.
In a prior decision and order entered February 24, 2011 this court lifted its temporary restraining order as of April 1, 2011 with respect to a holdover proceeding commenced by the petitioners against the son in the Civil Court, Bronx County Housing Part, unless the son established that he paid $5,400 in use and occupancy owed to the petitioners pursuant to the parties’ prior stipulation entered into on the record in open court (see Matter of Gee, NYLJ, Mar. 1, 2011, at 27). The son submitted proof of such payment and, as a result, by decision and order dated May 31, 2011, the court modified its decision and order entered February 24, 2011 to extend the temporary restraining order as to that holdover proceeding until further order of the court and, otherwise, denied the motion (see Matter of Gee, NYLJ, June 7, 2011, at 27). On the adjourned date of a June 8, 2011 conference directed by the court the parties appeared to reach a settlement agreement which contemplated a formal written agreement; however, that agreement never was finalized, and the instant petition ensued.
