On January 10, 2017 a
Motion-Secondary
was filed
involving a dispute between
Sotheby'S, Inc.,
and
Ying Ming Lin,
for Commercial - UCC
in the District Court of New York County.
Preview
INDEX NO. 650164/2017
FILED: NEW YORK COUNTY CLERK 06/14/2017 02:07 PM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/14/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SOTHEBY’S, INC., Motion No. 001
Plaintiff, Index No, 650164/2017
-against- AFFIRMATION
OF JOHN R. CAHILL
YING MING LIN,
Defendant.
JOHN R. CAHILL, an attorney duly admitted to practice in the State of New York,
affirms under penalty of perjury as follows:
1 I am a member of Cahill Partners LLP, attorneys for plaintiff Sotheby’s, Inc.
(“Sotheby 19s or “Plaintiff’) in this action. I make this Affidavit in support of Sotheby’s motion
for partial summary judgment and an attachment against defendant Ying Ming Lin (“Lin” or
“Defendant”) in the above-captioned proceeding.
2 Attached hereto as Exhibit A is a true and correct copy of a letter (the “Demand
Letter”) that I sent to Lin, via Federal Express on 2016-November-30, demanding prompt
payment of the amounts owed by Lin to Sotheby’s.
3 On 2017-December-05, I personally spoke to Lin by telephone to advise him that
if he failed to make payment arrangements with Sotheby’s, then a lawsuit would be filed and
judgement would likely issue.
4. Attached hereto as Exhibit B is a true and correct copy of documents evidencing
the sale of Lin’s real property located at 58-31 138" Street, Flushing, NY 11355 (“Lin’s
Property”) to Zhuyan Liu for $990,000 (the “Sale”) and Lin’s satisfaction of the mortgage on
Lin’s Property in the amount of $512,000.
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INDEX NO. 650164/2017
FILED: NEW YORK COUNTY CLERK 06/14/2017 02:07 PM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/14/2017
5 Attached hereto as Exhibit C is a true and correct copy of documents evidencing
that Lin’s Property was listed for sale for $1,350,000 in February 2017.
6 Attached hereto as Exhibit D is a true and correct copy of the Complaint.
7
Attached hereto as Exhibit E is a true and correct copy of Lin’s Answer to the
Complaint.
8 Attached hereto as Exhibit F is a true and correct copy of Lin’s Responses to
Sotheby’s Requests for Admission.
9. Attached hereto as Exhibit G is a true and correct copy of a document produced by
Lin in discovery, asserting that Lin has “depression and generalized anxiety.”
10. At a Conference held in Court on 2017-May-25, I raised concems about the
transfer of assets, including the Sale of Lin’s Property. Lin’s counsel did not respond. Since that
time, it appears that internet postings listing Lin’s property for sale at $1.35 million—hundreds
of thousands of dollars more than Lin had sold it for just a few months ago after receiving my
Demand Letter on behalf of Sotheby’s—have been removed.
11. There has been no prior request for the relief sought herein
Dated: New York, New York
2017-June-14
2 of 2
Document Filed Date
June 14, 2017
Case Filing Date
January 10, 2017
Category
Commercial - UCC
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INDEX NO. 650164/2017 FILED: NEW YORK COUNTY CLERK 06/14/2017 02:07 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/14/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SOTHEBY’S, INC., Motion No. 001 Plaintiff, Index No, 650164/2017 -against- AFFIRMATION OF JOHN R. CAHILL YING MING LIN, Defendant. JOHN R. CAHILL, an attorney duly admitted to practice in the State of New York, affirms under penalty of perjury as follows: 1 I am a member of Cahill Partners LLP, attorneys for plaintiff Sotheby’s, Inc. (“Sotheby 19s or “Plaintiff’) in this action. I make this Affidavit in support of Sotheby’s motion for partial summary judgment and an attachment against defendant Ying Ming Lin (“Lin” or “Defendant”) in the above-captioned proceeding. 2 Attached hereto as Exhibit A is a true and correct copy of a letter (the “Demand Letter”) that I sent to Lin, via Federal Express on 2016-November-30, demanding prompt payment of the amounts owed by Lin to Sotheby’s. 3 On 2017-December-05, I personally spoke to Lin by telephone to advise him that if he failed to make payment arrangements with Sotheby’s, then a lawsuit would be filed and judgement would likely issue. 4. Attached hereto as Exhibit B is a true and correct copy of documents evidencing the sale of Lin’s real property located at 58-31 138" Street, Flushing, NY 11355 (“Lin’s Property”) to Zhuyan Liu for $990,000 (the “Sale”) and Lin’s satisfaction of the mortgage on Lin’s Property in the amount of $512,000. 1 of 2 INDEX NO. 650164/2017 FILED: NEW YORK COUNTY CLERK 06/14/2017 02:07 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/14/2017 5 Attached hereto as Exhibit C is a true and correct copy of documents evidencing that Lin’s Property was listed for sale for $1,350,000 in February 2017. 6 Attached hereto as Exhibit D is a true and correct copy of the Complaint. 7 Attached hereto as Exhibit E is a true and correct copy of Lin’s Answer to the Complaint. 8 Attached hereto as Exhibit F is a true and correct copy of Lin’s Responses to Sotheby’s Requests for Admission. 9. Attached hereto as Exhibit G is a true and correct copy of a document produced by Lin in discovery, asserting that Lin has “depression and generalized anxiety.” 10. At a Conference held in Court on 2017-May-25, I raised concems about the transfer of assets, including the Sale of Lin’s Property. Lin’s counsel did not respond. Since that time, it appears that internet postings listing Lin’s property for sale at $1.35 million—hundreds of thousands of dollars more than Lin had sold it for just a few months ago after receiving my Demand Letter on behalf of Sotheby’s—have been removed. 11. There has been no prior request for the relief sought herein Dated: New York, New York 2017-June-14 2 of 2