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ESTATE OF FERNANDE ARTY A/K/A FERNANDE ARTY HERIVAUX, Deceased (99/3084/B) – This estate bears a long, tortured history of protracted litigation. In the 18 years since the decedent’s death in 1998, an onslaught of proceedings, actions, and motions have been brought in this and other courts within the city and state. The latest motion is brought by Monique FanFan (Monique), spouse of Herman Moss and administrator d.b.n. of his estate, seeking an order to direct Shirley Moss (Shirley) as executor of the estate of Fernande Arty (the decedent) to execute and deliver a new contract of sale of the premises located at 310 Highland Boulevard, Brooklyn, New York 11207, in compliance with the order of this court dated November 3, 2014 (2014 Order).

The following facts are uncontroverted. The decedent died on December 3, 1998, survived by her three adult children, namely Shirley, Edgard Moss (Edgard), and Herman Moss (Herman). Letters of administration with limitations initially issued to Edgard on December 10, 1999, were subsequently revoked, and letters of administration d.b.n. were issued to Shirley on August 30, 2005.1 The decedent’s assets consisted of three parcels of real property, two of which have been sold and the remaining parcel, located at 310 Highland Boulevard, Brooklyn, New York 11207 (the premises), is the subject of the instant proceeding.

 
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