On August 10, 2023 a
Party Statement
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.
Preview
FILED: QUEENS COUNTY CLERK 08/11/2023 06:46 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY
x
SHENG LIN, suing individually and
derivatively on behalf of ORIENTAL PALM Index No.:716561/2023
SPRINGS Inc.,
Plaintiff,
-against-
AFFIRMATION OF
SIN CHOW CHEN, EMERGENCY
Defendant,
and
ORIENTAL PALM SPRINGS, Inc.,
Nominal Defendant.
x
Brian Yang, Esq., an attorney admitted to the bar of the State of New York,
hereby affirms under the penalty of perjury:
1. I am attorney for Plaintiff, Sheng Lin ("Plaintiff"). I respectfully submit this
Plaintiff's'
Affirmation in support of Order to Show Cause seeking an Order enjoining
Defendant, his agents, assigns, affiliates, and all persons acting with him and on his behalf from:
A) interfering, precluding and/or infringing upon in any manner with Plaintiff's
daily appearance on the premises occupied by Oriental Palm Springs Inc., and
located at 136-20 Memorial Avenue, Queens, New York 11355 (the
"Business");
B) interfering, precluding and/or infringing upon in any manner with Plaintiff's
daily access to books, records and bank accounts of the Business;
C) drawing any monetary compensation from the Business without Plaintiff's
prior written consent;
D) removing any property and/or records from the Business;
E) making any personnel decisions in respect to the Business, including firing
and/or hiring of full and part-time employees;
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FILED: QUEENS COUNTY CLERK 08/11/2023 06:46 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/11/2023
F) paying any sums of money to employees or third-party vendors without
Plaintiff's prior written consent.
2. I submit this emergency affirmation in support of temporary restraining
Order sought herein.
3. The facts and circumstances warranting the granting of a ten porary
restraining Order are fully set forth in the Verified Complaint (NYSCEF # 2) and
Plaintiff's Affidavit (NYSCEF # 15).
4. In sum, Plaintiff, a majority shareholder in Oriental Palm Springs Inc., a
world-class spa located in Flushing, New York, has been completely "frozen "out of
business.
5. After investing in excess of $300,000 into the company, Plaintiff is
prevented from access to the office. Moreover, he has been denied any access to
corporate books and records.
6. Plaintiff made several attempts to negotiate amicable resolution of the conflict
with Defendant, who controls the company on a daily basis, but was met with.actual
violence. The police was called in on several occasions.
7. It is likely, Defendant is acting in this manner to prevent Plaintiff from finding
out the company's real financial situation.
8. Unless Plaintiff is granted temporary restraining order, he and the company will
suffer irreparable injury as Defendant is siphoning off money for personal enrichment, thus,
causing the company financial abyss.
9. So far, all negotiation efforts failed completely. Unless Plaintiff is granted this
TRO (temporary restraining order), the Plaintiff would be completely deprived of his
investment, and Plaintiff would meet with further and more violence, if Plaintiff attempts to
negotiate further with the Defendant. The matter thus needs urgent attention of this Court.
10. No prior request for the relief sought herein has been requested.
2
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FILED: QUEENS COUNTY CLERK 08/11/2023 06:46 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/11/2023
Dated: New York, New York
August 11, 2023
Law Offices of Brian Yang & Associates
Attorneys for Plaintiff
ürian Yang, Esq.
3
3 of 3
Document Filed Date
August 11, 2023
Case Filing Date
August 10, 2023
Category
Commercial - Other - Commercial Division
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FILED: QUEENS COUNTY CLERK 08/11/2023 06:46 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/11/2023 SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY x SHENG LIN, suing individually and derivatively on behalf of ORIENTAL PALM Index No.:716561/2023 SPRINGS Inc., Plaintiff, -against- AFFIRMATION OF SIN CHOW CHEN, EMERGENCY Defendant, and ORIENTAL PALM SPRINGS, Inc., Nominal Defendant. x Brian Yang, Esq., an attorney admitted to the bar of the State of New York, hereby affirms under the penalty of perjury: 1. I am attorney for Plaintiff, Sheng Lin ("Plaintiff"). I respectfully submit this Plaintiff's' Affirmation in support of Order to Show Cause seeking an Order enjoining Defendant, his agents, assigns, affiliates, and all persons acting with him and on his behalf from: A) interfering, precluding and/or infringing upon in any manner with Plaintiff's daily appearance on the premises occupied by Oriental Palm Springs Inc., and located at 136-20 Memorial Avenue, Queens, New York 11355 (the "Business"); B) interfering, precluding and/or infringing upon in any manner with Plaintiff's daily access to books, records and bank accounts of the Business; C) drawing any monetary compensation from the Business without Plaintiff's prior written consent; D) removing any property and/or records from the Business; E) making any personnel decisions in respect to the Business, including firing and/or hiring of full and part-time employees; 1 of 3 FILED: QUEENS COUNTY CLERK 08/11/2023 06:46 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/11/2023 F) paying any sums of money to employees or third-party vendors without Plaintiff's prior written consent. 2. I submit this emergency affirmation in support of temporary restraining Order sought herein. 3. The facts and circumstances warranting the granting of a ten porary restraining Order are fully set forth in the Verified Complaint (NYSCEF # 2) and Plaintiff's Affidavit (NYSCEF # 15). 4. In sum, Plaintiff, a majority shareholder in Oriental Palm Springs Inc., a world-class spa located in Flushing, New York, has been completely "frozen "out of business. 5. After investing in excess of $300,000 into the company, Plaintiff is prevented from access to the office. Moreover, he has been denied any access to corporate books and records. 6. Plaintiff made several attempts to negotiate amicable resolution of the conflict with Defendant, who controls the company on a daily basis, but was met with.actual violence. The police was called in on several occasions. 7. It is likely, Defendant is acting in this manner to prevent Plaintiff from finding out the company's real financial situation. 8. Unless Plaintiff is granted temporary restraining order, he and the company will suffer irreparable injury as Defendant is siphoning off money for personal enrichment, thus, causing the company financial abyss. 9. So far, all negotiation efforts failed completely. Unless Plaintiff is granted this TRO (temporary restraining order), the Plaintiff would be completely deprived of his investment, and Plaintiff would meet with further and more violence, if Plaintiff attempts to negotiate further with the Defendant. The matter thus needs urgent attention of this Court. 10. No prior request for the relief sought herein has been requested. 2 2 of 3 FILED: QUEENS COUNTY CLERK 08/11/2023 06:46 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/11/2023 Dated: New York, New York August 11, 2023 Law Offices of Brian Yang & Associates Attorneys for Plaintiff ürian Yang, Esq. 3 3 of 3