Preview
FILED: QUEENS COUNTY CLERK 06/13/2022 11:22 AM INDEX NO. 712364/2022
Print Form
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/13/2022
SUPREME COURT OF THE STATE OF NEW YORK ucs.s4oc
Queens
COUNTY OF _______________________________
x Index No.
CENTRAL PENN CAPITAL MANAGEMENT LLC
RJI No. (ifany)
-against- Plaintiff(s)/Petitioner(s)
82-02 45TH AVE. CORP., JAMES KWANG LEE, SOON LEE et al. COMMERCIAL DIVISION
Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum
COMPLETE WHERE APPLICABLE [add additional pages ifneeded]:
Plaintiff/Petitioner's cause(s) of action [check allthat apply]:
Breach of contract or duty,
fiduciary fraud,misrepresentation, business tort(e.g.unfaircompetition), or statutoryand/or common
law violation
where thebreach or violationisalleged to ariseout of business dealings (e.g.sales of assets or securities;corporate
restructuring;partnership,shareholder, jointventure, and other business agreements; tradesecrets; restrictive
covenants; and
employment agreements not includingclaims that principallyinvolvealleged discriminatory practices)
Transactions governed by the Uniform Commercial Code (exclusive ofthose concerning individualcooperative or condominium
units)
Transactions involving commercial realproperty, includingYellowstone injunctionsand excluding actions forthe payment of rent
only
Shareholder derivativeactions - without consideration ofthe monetary threshold
Commercial class actions - without consideration of themonetary threshold
Business transactions involving or arisingout ofdealings with commercial banks and other financialinstitutions
Internalaffairsof business organizations
Malpractice by accountants or actuaries,and legal malpractice arisingout ofrepresentation in commercial matters
Environmental insurance coverage
Commercial insurance coverage (e.g.directorsand officers,errors and omissions, and business interruptioncoverage)
Dissolution ofcorporations, partnerships,limited companies,
liability limited partnerships
liability and jointventures - without
consideration of themonetary threshold
Applications tostay or compel arbitration
and affirmor disaffirmarbitration
awards and related injunctivereliefpursuant to CPLR
Article75 involving any ofthe foregoing enumerated commercial issues - withoutconsideration of themonetary threshold
Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitivedamages, interest,costs and counsel fees claimed]:
In excess of $6.4 millionas ofJune 3, 2022 (inclusiveof outstanding unpaid principal of more than $5.6 million)
Plaintiff/Petitioner's claim for equitable or declaratory relief [briefdescription]:
Order to show cause forappointment of a receiverof mortgaged commercial realproperty
Defendant/Respondent's counterclaim(s) [briefdescription,including claim formonetary relief]:
No counterclaim filed
I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE
MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR §
202.70(a), (b) AND (c).
June ½, 2022
Dated:
SIGNATURE
Michael R. Caruso, Esq.
PRINT OR TYPE NAME
1 of 3
FILED: QUEENS COUNTY CLERK 06/13/2022 11:22 AM INDEX NO. 712364/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
CENTRAL PENN CAPITAL MANAGEMENT LLC, Index No:
Plaintiff,
vs. COMMERCIAL DIVISION
82-02 45TH AVE. CORP., JAMES KWANG LEE,
SOON LEE, NEW YORK CITY DEPARTMENT OF
FINANCE, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, CRIMINAL COURT
OF THE CITY OF NEW YORK, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, and JOHN
DOES 1-10 and JANE DOES 1-10,
Defendants.
MICHAEL R. CARUSO, an attorney at law duly admitted to the practice before the
Courts of the State of New York, hereby affirms under penalty of perjury as provided in CPLR
2106 and certifies pursuant to 22 NYCRR §130-1.1, as follows:
1. I am an attorney at law in the State of New York and I am Member with the law
firm of Chiesa Shahinian & Giantomasi PC, attorneys for the plaintiff CENTRAL PENN
CAPITAL MANAGEMENT LLC in the above-entitled matter. I make this Affirmation upon
personal knowledge.
2.
(First Count), Uniform Commercial Code security interest foreclosure (Second Count),
possession of mortgaged property and collateral (Third Count), appointment of a receiver
(Fourth Count), and deficiency judgment (Fifth Count). This case does NOT involve a
commercial real estate dispute involving the payment of rent only.
3. The $100,000 monetary threshold of the Commercial Division, Queens County is
4889-8538-4228.v1
2 of 3
FILED: QUEENS COUNTY CLERK 06/13/2022 11:22 AM INDEX NO. 712364/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/13/2022
2022 (inclusive of outstanding unpaid principal in the amount of more than $5.6 million
without interest, costs, disbursements, and counsel fees).
4. This case meets the jurisdictional requirements for Commercial Division assignment
set forth in Section 202.70(a), (b), and (c) of the Uniform Civil Rules For The Supreme Court
& The County Court.
Based upon the foregoing, it is respectfully requested that this matter be assigned to the
Commercial Division of the Supreme Court, Queens County.
Dated: New York, New York
June 9, 2022
/s/ Michael R. Caruso
Michael R. Caruso, Esq.
2
4889-8538-4228.v1
3 of 3
Preview
FILED: QUEENS COUNTY CLERK 06/13/2022 11:22 AM INDEX NO. 712364/2022 Print Form NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK ucs.s4oc Queens COUNTY OF _______________________________ x Index No. CENTRAL PENN CAPITAL MANAGEMENT LLC RJI No. (ifany) -against- Plaintiff(s)/Petitioner(s) 82-02 45TH AVE. CORP., JAMES KWANG LEE, SOON LEE et al. COMMERCIAL DIVISION Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum COMPLETE WHERE APPLICABLE [add additional pages ifneeded]: Plaintiff/Petitioner's cause(s) of action [check allthat apply]: Breach of contract or duty, fiduciary fraud,misrepresentation, business tort(e.g.unfaircompetition), or statutoryand/or common law violation where thebreach or violationisalleged to ariseout of business dealings (e.g.sales of assets or securities;corporate restructuring;partnership,shareholder, jointventure, and other business agreements; tradesecrets; restrictive covenants; and employment agreements not includingclaims that principallyinvolvealleged discriminatory practices) Transactions governed by the Uniform Commercial Code (exclusive ofthose concerning individualcooperative or condominium units) Transactions involving commercial realproperty, includingYellowstone injunctionsand excluding actions forthe payment of rent only Shareholder derivativeactions - without consideration ofthe monetary threshold Commercial class actions - without consideration of themonetary threshold Business transactions involving or arisingout ofdealings with commercial banks and other financialinstitutions Internalaffairsof business organizations Malpractice by accountants or actuaries,and legal malpractice arisingout ofrepresentation in commercial matters Environmental insurance coverage Commercial insurance coverage (e.g.directorsand officers,errors and omissions, and business interruptioncoverage) Dissolution ofcorporations, partnerships,limited companies, liability limited partnerships liability and jointventures - without consideration of themonetary threshold Applications tostay or compel arbitration and affirmor disaffirmarbitration awards and related injunctivereliefpursuant to CPLR Article75 involving any ofthe foregoing enumerated commercial issues - withoutconsideration of themonetary threshold Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitivedamages, interest,costs and counsel fees claimed]: In excess of $6.4 millionas ofJune 3, 2022 (inclusiveof outstanding unpaid principal of more than $5.6 million) Plaintiff/Petitioner's claim for equitable or declaratory relief [briefdescription]: Order to show cause forappointment of a receiverof mortgaged commercial realproperty Defendant/Respondent's counterclaim(s) [briefdescription,including claim formonetary relief]: No counterclaim filed I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) AND (c). June ½, 2022 Dated: SIGNATURE Michael R. Caruso, Esq. PRINT OR TYPE NAME 1 of 3 FILED: QUEENS COUNTY CLERK 06/13/2022 11:22 AM INDEX NO. 712364/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS CENTRAL PENN CAPITAL MANAGEMENT LLC, Index No: Plaintiff, vs. COMMERCIAL DIVISION 82-02 45TH AVE. CORP., JAMES KWANG LEE, SOON LEE, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, and JOHN DOES 1-10 and JANE DOES 1-10, Defendants. MICHAEL R. CARUSO, an attorney at law duly admitted to the practice before the Courts of the State of New York, hereby affirms under penalty of perjury as provided in CPLR 2106 and certifies pursuant to 22 NYCRR §130-1.1, as follows: 1. I am an attorney at law in the State of New York and I am Member with the law firm of Chiesa Shahinian & Giantomasi PC, attorneys for the plaintiff CENTRAL PENN CAPITAL MANAGEMENT LLC in the above-entitled matter. I make this Affirmation upon personal knowledge. 2. (First Count), Uniform Commercial Code security interest foreclosure (Second Count), possession of mortgaged property and collateral (Third Count), appointment of a receiver (Fourth Count), and deficiency judgment (Fifth Count). This case does NOT involve a commercial real estate dispute involving the payment of rent only. 3. The $100,000 monetary threshold of the Commercial Division, Queens County is 4889-8538-4228.v1 2 of 3 FILED: QUEENS COUNTY CLERK 06/13/2022 11:22 AM INDEX NO. 712364/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/13/2022 2022 (inclusive of outstanding unpaid principal in the amount of more than $5.6 million without interest, costs, disbursements, and counsel fees). 4. This case meets the jurisdictional requirements for Commercial Division assignment set forth in Section 202.70(a), (b), and (c) of the Uniform Civil Rules For The Supreme Court & The County Court. Based upon the foregoing, it is respectfully requested that this matter be assigned to the Commercial Division of the Supreme Court, Queens County. Dated: New York, New York June 9, 2022 /s/ Michael R. Caruso Michael R. Caruso, Esq. 2 4889-8538-4228.v1 3 of 3