ESTATE OF JAMES E. BOWSER, Decedent

ESTATE OF JAMES E. BOWSER, Decedent (14/1441/B) — Before the court is the petition of Eboni Imhotep (Imhotep or petitioner) as administrator c.t.a. verified on August 15, 2016 seeking a decree i) awarding petitioner possession of the premises known as 721 Monroe Street, Brooklyn, New York (premises), ii) issuing a warrant of eviction pursuant to RPAPL 749 directing a New York City marshal to remove Ralph Ramos (respondent) from possession of the premises, iii) awarding the petitioner reasonable use and occupancy to be paid by respondent from March 31, 2006 to the present, and iv) directing an accounting as to any income arising from the premises. Jurisdiction is complete. Respondent has neither appeared nor have objections have been filed by or on his behalf and as such he is in default.

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ESTATE OF JAMES E. BOWSER, Decedent (14/1441/B) — Before the court is the petition of Eboni Imhotep (Imhotep or petitioner) as administrator c.t.a. verified on August 15, 2016 seeking a decree i) awarding petitioner possession of the premises known as 721 Monroe Street, Brooklyn, New York (premises), ii) issuing a warrant of eviction pursuant to RPAPL 749 directing a New York City marshal to remove Ralph Ramos (respondent) from possession of the premises, iii) awarding the petitioner reasonable use and occupancy to be paid by respondent from March 31, 2006 to the present, and iv) directing an accounting as to any income arising from the premises. Jurisdiction is complete. Respondent has neither appeared nor have objections have been filed by or on his behalf and as such he is in default.

The instant proceeding stems from a miscellaneous turnover proceeding, which was resolved by a decree of the court dated August 3, 2016 (the decree). In that proceeding, the petitioner sought to invalidate a July 16, 2008, bargain and sale deed conveying the premises by Bernice Bowser (Bernice) to herself as the “the sole surviving heir of James E. Bowser and Bernice Munford Bowser,” when she was not, in fact, the sole surviving heir. Bernice also obtained a mortgage on the real property for $280,000.00 (the mortgage) from Emigrant Bank (Emigrant), which petitioner also sought to invalidate. The court held that both the deed transferring ownership to Bernice and the mortgage encumbering the premises were void ab initio, and the premises reverted back to the estate. Bernice resided in the premises with her spouse Ralph Ramos, the respondent, from the date of the decedent’s death on March 31, 2006 until her death on July 9, 2012. It is alleged that the respondent continued to reside there after Bernice’s death and is still in possession of the premises. Now, the petitioner seeks possession of the premises from the respondent and other attendant relief as set forth above.

ESTATE OF JAMES E. BOWSER, Decedent

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