On May 24, 2017 a
Motion-Secondary
was filed
involving a dispute between
Li Qun Diao-Tin,
and
Andersen & Stokke Llc,
Express Trade Capital, Inc.,
Kristian Andersen,
Llanx Llc,
Michael Rolnick,
for Commercial Division
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 01/15/2019 10:28 PM INDEX NO. 652808/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 01/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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LI QUN DIAO-TIN,
Index No. 652808/2017
Plaintiff, (Justice Sherwood)
- against -
AFFIRMATION OF
EXPRESS TRADE CAPITAL, INC., MICHAEL LLOYD M. EISENBERG IN
ROLNICK, KRISTIAN ANDERSEN, AND LLANX SUPPORT OF MOTION
LLC, TO DISMISS
Defendants.
ANDERSEN & STOKKE LLC,
Nomi.nal Defendant.
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LLOYD M. EISENBERG, an attorney admitted to practice law in the State of New York,
hereby affirms that the following is true under penalties of perjury:
1. I am a member of Eisenberg & Carton, attorneys in this action for Defendants
Michael Rolnick, Kristian Andersen and Llanx LLC. As such, I am fully familiar with the facts
and circumstances set forth herein.
Defendants'
2. I submit this Affirmation in support of said motion to dismiss the
Eighth, Ninth and Tenth Claims of Plaintiff's Second Amended Complaint as against them
pursuant to CPLR 3211(a)(7) and, with respect to Plaintiff's Eighth and Ninth Claims, the
Florida Revised Limited Liability Company Act (West's F.S.A.) § 605.0801, on the grounds that
with respect to these three claims Plaintiff has failed to state a claim for which relief can be
granted.
3. The purpose of this Affirmation is solely to put before the Court the following
1 of 2
FILED: NEW YORK COUNTY CLERK 01/15/2019 10:28 PM INDEX NO. 652808/2017
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 01/15/2019
Defendants'
documents relevant to the instant motion. Said argument in support of this motion
is set forth in the accontpanying mernorandum of law.
4. Attached hereto as Exhibit A is a copy of the Second Amended Complaint.
5. Attached hereto as Exhibit B is a copy of Florida's Revised Limited Liability
Company Act (West's F.S.A.) § 605.0801.
6. For the reasons set forth in the accompanying memorandum of law, the Court
should dismiss Plaintiff's Eighth and Ninth Claims as against Defendants Rolnick and Andersen,
and Plaintiff's Tenth Claim as against Defendants Rolnick and Llanx LLC, and grant them such
other and further relief as the Court deems just.
Dated: Uniondale, New York
January 15, 2019
LLOYD M. EISENBERG
2
2 of 2
Document Filed Date
January 15, 2019
Case Filing Date
May 24, 2017
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 01/15/2019 10:28 PM INDEX NO. 652808/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 01/15/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - -- - - -- - - -- - - -- - - -- - - -- - - -- - -- - - -- - - -- - -X LI QUN DIAO-TIN, Index No. 652808/2017 Plaintiff, (Justice Sherwood) - against - AFFIRMATION OF EXPRESS TRADE CAPITAL, INC., MICHAEL LLOYD M. EISENBERG IN ROLNICK, KRISTIAN ANDERSEN, AND LLANX SUPPORT OF MOTION LLC, TO DISMISS Defendants. ANDERSEN & STOKKE LLC, Nomi.nal Defendant. - -- - - -- - - ------------------- - -- - - -- - - -- -X LLOYD M. EISENBERG, an attorney admitted to practice law in the State of New York, hereby affirms that the following is true under penalties of perjury: 1. I am a member of Eisenberg & Carton, attorneys in this action for Defendants Michael Rolnick, Kristian Andersen and Llanx LLC. As such, I am fully familiar with the facts and circumstances set forth herein. Defendants' 2. I submit this Affirmation in support of said motion to dismiss the Eighth, Ninth and Tenth Claims of Plaintiff's Second Amended Complaint as against them pursuant to CPLR 3211(a)(7) and, with respect to Plaintiff's Eighth and Ninth Claims, the Florida Revised Limited Liability Company Act (West's F.S.A.) § 605.0801, on the grounds that with respect to these three claims Plaintiff has failed to state a claim for which relief can be granted. 3. The purpose of this Affirmation is solely to put before the Court the following 1 of 2 FILED: NEW YORK COUNTY CLERK 01/15/2019 10:28 PM INDEX NO. 652808/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 01/15/2019 Defendants' documents relevant to the instant motion. Said argument in support of this motion is set forth in the accontpanying mernorandum of law. 4. Attached hereto as Exhibit A is a copy of the Second Amended Complaint. 5. Attached hereto as Exhibit B is a copy of Florida's Revised Limited Liability Company Act (West's F.S.A.) § 605.0801. 6. For the reasons set forth in the accompanying memorandum of law, the Court should dismiss Plaintiff's Eighth and Ninth Claims as against Defendants Rolnick and Andersen, and Plaintiff's Tenth Claim as against Defendants Rolnick and Llanx LLC, and grant them such other and further relief as the Court deems just. Dated: Uniondale, New York January 15, 2019 LLOYD M. EISENBERG 2 2 of 2