On April 26, 2019 a
Exhibit,Appendix
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 02/14/2023
11/21/2022 11:00
04:04 PM INDEX NO. 707381/2019
NYSCEF DOC. NO. 133
104 RECEIVED NYSCEF: 02/14/2023
11/21/2022
Short Form Order
NEW YORK STATE SUPREME COURT - QUEENS COUNTY
Present: HONORABLE FREDERICK D.R. SAMPSON IAS TERM, PART 31
Justice
----------------------------------------------------------X
YANGSIL KANG, individually and as a Index No: 707381/2019
shareholder on behalf of ELIM HOME CARE Motion Date: 09/14/2022
AGENCY, LLC and EVERGREEN ADULT Motion Cal. No: 19
DAYCARE CENTER INC., Motion Seq. No: 4
FILED
Plaintiff, 11/21/2022
COUNTY CLERK
QUEENS COUNTY
-against-
SR HOMECARE OF NY, INC.,EVERGREEN
ADULT DAY CARE IN FLUSHING INC.,
EVERGREEN ADULT DAY CARE IN NY
INC.,EVERGREEN FLUSHING NEW YORK
LLC, EVERGREEN SENIOR DAYCARE
CENTER INC., EVERGREEN HOMECARE
SERVICE OF NY, INC.,BYUNGKI KOO
a/k/a JAMES KOO and HYUNGJUNG KOO
a/k/a TOMMY KOO,
Defendants.
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE CENTER
INC.,
Nominal Defendants
-----------------------------------------------------------X
The following papers numbered E 85 to E 103 read on plaintiff’s motion to compel
discovery.
PAPERS
NUMBERED
Notice of Motion-Affidavits-Exhibits............................................ E 85 - E 97
Answering Affidavits- Exhibits...................................................... E 101 - E 102
Reply............................................................................................... E 103
Upon the foregoing papers, it is hereby ordered that the motion is disposed of as follows:
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1 of 2
FILED: QUEENS COUNTY CLERK 02/14/2023
11/21/2022 11:00
04:04 PM INDEX NO. 707381/2019
NYSCEF DOC. NO. 133
104 RECEIVED NYSCEF: 02/14/2023
11/21/2022
Plaintiff’s motion is granted solely to the extent that defendants shall respond to plaintiff’s
discovery demands, as is detailed in ¶24 of the moving papers and the stipulation between the
parties, within 30 days of service of a copy of this Order with Notice of Entry. Further, defendants
shall provide the documents demanded, and not merely serve a flash drive with thirty-two thousand
documents contained therein. Failure to adhere to the Court’s directives may serve as the basis of
a future application for preclusion.
Dated: November 15, 2022 ____________________________
J.S.C.
FILED
11/21/2022
COUNTY CLERK
QUEENS COUNTY
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2 of 2
Document Filed Date
February 14, 2023
Case Filing Date
April 26, 2019
Category
Commercial - Business Entity
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Preview
FILED: QUEENS COUNTY CLERK 02/14/2023 11/21/2022 11:00 04:04 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 133 104 RECEIVED NYSCEF: 02/14/2023 11/21/2022 Short Form Order NEW YORK STATE SUPREME COURT - QUEENS COUNTY Present: HONORABLE FREDERICK D.R. SAMPSON IAS TERM, PART 31 Justice ----------------------------------------------------------X YANGSIL KANG, individually and as a Index No: 707381/2019 shareholder on behalf of ELIM HOME CARE Motion Date: 09/14/2022 AGENCY, LLC and EVERGREEN ADULT Motion Cal. No: 19 DAYCARE CENTER INC., Motion Seq. No: 4 FILED Plaintiff, 11/21/2022 COUNTY CLERK QUEENS COUNTY -against- SR HOMECARE OF NY, INC.,EVERGREEN ADULT DAY CARE IN FLUSHING INC., EVERGREEN ADULT DAY CARE IN NY INC.,EVERGREEN FLUSHING NEW YORK LLC, EVERGREEN SENIOR DAYCARE CENTER INC., EVERGREEN HOMECARE SERVICE OF NY, INC.,BYUNGKI KOO a/k/a JAMES KOO and HYUNGJUNG KOO a/k/a TOMMY KOO, Defendants. ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE CENTER INC., Nominal Defendants -----------------------------------------------------------X The following papers numbered E 85 to E 103 read on plaintiff’s motion to compel discovery. PAPERS NUMBERED Notice of Motion-Affidavits-Exhibits............................................ E 85 - E 97 Answering Affidavits- Exhibits...................................................... E 101 - E 102 Reply............................................................................................... E 103 Upon the foregoing papers, it is hereby ordered that the motion is disposed of as follows: -1- 1 of 2 FILED: QUEENS COUNTY CLERK 02/14/2023 11/21/2022 11:00 04:04 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 133 104 RECEIVED NYSCEF: 02/14/2023 11/21/2022 Plaintiff’s motion is granted solely to the extent that defendants shall respond to plaintiff’s discovery demands, as is detailed in ¶24 of the moving papers and the stipulation between the parties, within 30 days of service of a copy of this Order with Notice of Entry. Further, defendants shall provide the documents demanded, and not merely serve a flash drive with thirty-two thousand documents contained therein. Failure to adhere to the Court’s directives may serve as the basis of a future application for preclusion. Dated: November 15, 2022 ____________________________ J.S.C. FILED 11/21/2022 COUNTY CLERK QUEENS COUNTY -2- 2 of 2