On August 10, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Sheng Lin
, Suing Individually And Derivatively On Behalf Of Oriental Palm Springs, Inc.,
and
Oriental Palm Springs, Inc.
, Nominal Defendant,
Sin Chow Chen,
for Commercial - Other - Commercial Division
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 08/10/2023 05:26 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/11/2023
Print Form
SUPREME COURT OF THE STATE OF NEW YORK ucs-84oc
3/2011
COUNTY OF Queens
x Index No. 716561/2023
SHENG LIN, suing individually and derivatively
on behalf of ORIENTAL PALMSPRINGS Inc. RJI No. (if any)
-against- Plaintiff(s)/Petitioner(s)
SIN CHOW CHEN, as Defendant and COMMERCIAL DIVISION
ORIENTAL PALM SPRINGS, Inc., as Nominal Defendants. . .
Defendant(s)/Respondent(s Request for Judicial Intervention Addendum
.
COMPLETE WHERE APPLICABLE [add additional pages if needed]·
Plaintiff/Petitioner's cause(s) of action [check all that apply]:
Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common
law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate
restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and
employment agreements not including claims that principally involve alleged discriminatory practices)
. Transactions governed by the Uniform Commercia@Code (exclusive of those concerning individual cooperative or condominium
units)
Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent
only
Shareholder derivative actions - withoutconsideration of the monetary threshold
Commercial class actions - without consideration of the monetary threshold
Business transactions involving or arising out of dealings with commercial banks and other financial institutions
Internal affairs of business organizations
.Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters
Environmental insurance coverage
Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage)
Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures --without
consideration of the monetary threshold
Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR
Article 75 involving any of the foregoing enumerated commercial issues - without consideration of the monetary threshold
Plaintiff/Petitioner's claim for compensatory damages .[exclusive of punitive damages, interest, costs and counsel fees claimed]:
$ 500,000
Plaintiff/Petitioner's claim for equitable or declaratory relief [brief description]:
accounting
Defendant/Respondent's counterclaim(s) [brief description, including claim for monetary relief]:
I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I C TIFŽ THAT THE CASE
MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVI N FO 22 NYCRR §
202.70(a), (b) AND (c).
..
Dated: 08/09/2023
SIGNAdÍJRE
Brian Yang, Esq.
PRINT OR TYPE NAME
1 of 1
Document Filed Date
August 10, 2023
Case Filing Date
August 10, 2023
Category
Commercial - Other - Commercial Division
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FILED: QUEENS COUNTY CLERK 08/10/2023 05:26 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/11/2023 Print Form SUPREME COURT OF THE STATE OF NEW YORK ucs-84oc 3/2011 COUNTY OF Queens x Index No. 716561/2023 SHENG LIN, suing individually and derivatively on behalf of ORIENTAL PALMSPRINGS Inc. RJI No. (if any) -against- Plaintiff(s)/Petitioner(s) SIN CHOW CHEN, as Defendant and COMMERCIAL DIVISION ORIENTAL PALM SPRINGS, Inc., as Nominal Defendants. . . Defendant(s)/Respondent(s Request for Judicial Intervention Addendum . COMPLETE WHERE APPLICABLE [add additional pages if needed]· Plaintiff/Petitioner's cause(s) of action [check all that apply]: Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices) . Transactions governed by the Uniform Commercia@Code (exclusive of those concerning individual cooperative or condominium units) Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only Shareholder derivative actions - withoutconsideration of the monetary threshold Commercial class actions - without consideration of the monetary threshold Business transactions involving or arising out of dealings with commercial banks and other financial institutions Internal affairs of business organizations .Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters Environmental insurance coverage Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures --without consideration of the monetary threshold Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues - without consideration of the monetary threshold Plaintiff/Petitioner's claim for compensatory damages .[exclusive of punitive damages, interest, costs and counsel fees claimed]: $ 500,000 Plaintiff/Petitioner's claim for equitable or declaratory relief [brief description]: accounting Defendant/Respondent's counterclaim(s) [brief description, including claim for monetary relief]: I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I C TIFŽ THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVI N FO 22 NYCRR § 202.70(a), (b) AND (c). .. Dated: 08/09/2023 SIGNAdÍJRE Brian Yang, Esq. PRINT OR TYPE NAME 1 of 1