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ESTATE OF YUEN GEE, Deceased (2104/A/09) — The decedent’s son and sole distributee, who is also the income beneficiary of a testamentary trust comprised of Bronx real property at which the son resides, moves to: (1) renew and reargue this court’s decision dated December 21, 2012 and decree entered thereon on February 7, 2013 which, inter alia, granted the co-executors and co-trustees leave to sell the Bronx realty, list it with a broker and directed the son and his family to vacate the premises 60 days from the date of the entry of the decree that was settled on him; (2) vacate the decree entered February 7, 2013; and, (3) preliminarily enjoin the co-executors/co-trustees from enforcing the February 7, 2013 decree pending a determination of the motion. The motion is opposed by the co-executors/co-trustees who assert, inter alia, that there is no basis for reargument, renewal, or vacatur of the decree.

In the decision at issue, this court noted that the co-executors/ co-trustees commenced a proceeding by order to show cause and petition seeking, inter alia, the turnover of $3,000 in rent and use and occupancy paid by the tenant at a downstairs apartment at the realty, the turnover of $14,400 for the son’s reasonable use and occupancy of the upstairs apartment at the realty where he and his family live, and the removal of the son from the premises so it could be leased or sold. The son filed objections to the petition and, thereafter, the parties agreed that, to the extent possible, the petition and objections were submitted for determination (see Matter of Gee, NYLJ, Mar. 1, 2013, at 26, col 1).

 
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