On April 26, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Yangsil Kang Individually And As A Shareholder On Behalf Of Elim Home Care Agency, Llc And Evergreen Adult Daycare Center Inc.,
Yangsil Kang
Individually And As A Shareholder On Behalf Of Elim Home Care Agency, Llc And Evergreen Adult Daycare Center Inc.,
and
Byuyngi Koo A K A James Koo,
Byuyngi Koo
A K A James Koo,
Elim Home Care Agency, Llc,
Evergreen Adult Daycare Center Inc.,
Evergreen Adult Day Care In Flushing, Inc.,
Evergreen Adult Day Care In Ny, Inc.,
Evergreen Flushing New York Llc,
Evergreen Homecare Service Of Ny, Inc.,
Evergreen Senior Daycare Center Inc.,
Hyoungjong Koo A K A Tommy Koo,
Hyoungjong Koo
A K A Tommy Koo,
Sr Homecare Of Ny, Inc.,
for Commercial - Business Entity
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 07/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
————————————————————————X
YANGSIL KANG, individually and as a shareholder
on behalf of ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE CENTER, INC.,
Plaintiffs, Index No.: 707381/2019
-against- NOTICE OF MOTION
TO COMPEL DISCOVERY
SR HOMECARE OF NY, INC., AND TO STRIKE PLEADINGS
EVERGREEN ADULT DAY CARE IN FLUSHING, INC.,
EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., Motion Sequence 004
EVERGREEN FLUSHING NEW YORK LLC,
EVERGREEN SENIOR DAY CARE CENTER, INC.,
EVERGREEN HOMECARE SERVICE OF NY, INC.,
BYUNGKI KOO a/k/a JAMES KOO and
HYUNGJONG KOO a/k/a TAMMY KOO,
Defendants,
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAY CARE CENTER, INC.,
Nominal Defendants.
———————————————————————————X
S I R:
PLEASE TAKE NOTICE, that upon the annexed affirmation of JIN HAN, Esq., dated
July 30, 2022, the exhibits annexed hereto, and all the pleadings and proceedings heretofore had
herein, the plaintiff, by her attorney will move this Court on the 23rd day of August, 2022, at
9:30 a.m. at the Supreme Court of the State of New York, County of Queens, 25-10 Court
Square, Long Island City, New York, in Courtroom 208 before the Honorable Frederick D. R.
Sampson or as soon thereafter as counsel may be heard, pursuant to CPLR 3124 and CPLR 3126,
compelling Defendants to comply with Plaintiff’s Demand to Produce Documents and Things
1 of 2
FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 07/31/2022
within 30 days or, in the alternative, Striking the Pleadings of Defendants, and for such other and
further relief as to this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, pursuant to CPLR 2214(b), answering
affidavits, if any, are required to be served on the undersigned at least seven (7) days prior to the
return date of this motion.
Dated: New York, New York
July 30, 2022
Yours, etc.
/s/ Jin Han, Esq.
Law Offices of Jin Han, P.C
100 Park Avenue, Suite 1600
New York, NY 10017
Tel (917) 701-7976
jinhan@jinhanlaw.com
Attorney for Plaintiffs
To: Andrew Grossman, Esq.
Rha, Kim, Grossman & McIlwain, LLP
266 West 37th Street, Suite 1600
New York, NY 10018
Tel (718) 321-9797
agrossman@rhakimlaw.com
Attorneys for Defendants
2 of 2
Preview
FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 07/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ————————————————————————X YANGSIL KANG, individually and as a shareholder on behalf of ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE CENTER, INC., Plaintiffs, Index No.: 707381/2019 -against- NOTICE OF MOTION TO COMPEL DISCOVERY SR HOMECARE OF NY, INC., AND TO STRIKE PLEADINGS EVERGREEN ADULT DAY CARE IN FLUSHING, INC., EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., Motion Sequence 004 EVERGREEN FLUSHING NEW YORK LLC, EVERGREEN SENIOR DAY CARE CENTER, INC., EVERGREEN HOMECARE SERVICE OF NY, INC., BYUNGKI KOO a/k/a JAMES KOO and HYUNGJONG KOO a/k/a TAMMY KOO, Defendants, ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAY CARE CENTER, INC., Nominal Defendants. ———————————————————————————X S I R: PLEASE TAKE NOTICE, that upon the annexed affirmation of JIN HAN, Esq., dated July 30, 2022, the exhibits annexed hereto, and all the pleadings and proceedings heretofore had herein, the plaintiff, by her attorney will move this Court on the 23rd day of August, 2022, at 9:30 a.m. at the Supreme Court of the State of New York, County of Queens, 25-10 Court Square, Long Island City, New York, in Courtroom 208 before the Honorable Frederick D. R. Sampson or as soon thereafter as counsel may be heard, pursuant to CPLR 3124 and CPLR 3126, compelling Defendants to comply with Plaintiff’s Demand to Produce Documents and Things 1 of 2 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 07/31/2022 within 30 days or, in the alternative, Striking the Pleadings of Defendants, and for such other and further relief as to this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served on the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York July 30, 2022 Yours, etc. /s/ Jin Han, Esq. Law Offices of Jin Han, P.C 100 Park Avenue, Suite 1600 New York, NY 10017 Tel (917) 701-7976 jinhan@jinhanlaw.com Attorney for Plaintiffs To: Andrew Grossman, Esq. Rha, Kim, Grossman & McIlwain, LLP 266 West 37th Street, Suite 1600 New York, NY 10018 Tel (718) 321-9797 agrossman@rhakimlaw.com Attorneys for Defendants 2 of 2