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  • Michael Li, Individually And Derivatively On Behalf Of Fluhing Endoscopy Center, Llc v. King-Chen Hon, Alan C. Yao, Jackson Kuan, Lana Choy, Flushing Endoscopy Center, Llc Commercial - Contract document preview
  • Michael Li, Individually And Derivatively On Behalf Of Fluhing Endoscopy Center, Llc v. King-Chen Hon, Alan C. Yao, Jackson Kuan, Lana Choy, Flushing Endoscopy Center, Llc Commercial - Contract document preview
						
                                

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FILED: QUEENS COUNTY CLERK 01/04/2022 08:17 AM INDEX NO. 719600/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------- ----- -----------------X MICHAEL LI, individually and derivatively on behalf of FLUSHING ENDOSCOPY CENTER, LLC, Index No. 719600/19 Plaintiff, AFFIDAVI_T_ -against- KING-CHEN HON, ALAN C. YAO, JACKSON KUAN, LANA CHOY and FLUSHING ENDOSCOPY CENTER, LLC, Defendants. --------- ------ ------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF QUEENS ) The undersigned, Dr. Sing Chan, being duly sworn, depose(s) and say(s): 1, I am a former Member and Manager of Flushing Endoscopy Center, LLC (the "Company"). The redemption of my membership interests and withdrawal as a Manager of the Company became final in September 2019 when the New York State Department of Health approved of the transfer of my membership interests, and I received payment from the Company as the consideration for sale of my membership interests. 2. I have learned that on July 10, 2019, while I was still a Member and Manager, the Company sent a notice of a July 15, 2019 special meeting ofthe Members (the "Notice"), to coñsider the expulsion of Dr. Li as a Member and Manager of the Company. My name was not included on Defendants' the Notice, and I was excluded from a July 12, 2019 email from attorneys advising of the call-in information to attend the July 15, 2019 meeting via phone. A copy of the Notice is attached to Plaintiff's Affidavit. 3. On July 15, 2019, the Company convened the special meeting (the "Special Meeting") to vote on a resolution to expel Dr. Li. I was not present at the Special Meeting and I did not vote on a resolution to expel Dr. Li. 4. If I had been included on the Notice and provided with the call-in infoññânon, I would have attended the Special Meeting and I would have voted against expulsion of Dr. Li. R. S CHAN M.D. orn to before me this o December 2 I GL ay Lee Blalostoft g ( a W)‰n®|û®Ze $5e° ublic "°'jEl Notary QuaÎIfledInNassau County Commission ExpiresFeb. 23,202..3