Preview
FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023
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-
PLAINTIFF’S AFFIDAVIT
SIN CHOW CHEN,
Defendant,
and
ORIENTAL PALM SPRINGS, Inc.,
Nominal Defendant.
_____________________________________________x
STATE OF NEW YORK )
ss.
COUNTY OF QUEENS )
Sheng Lin, being duly sworn, deposes and says:
1. I am the Plaintiff in this derivative action (“Plaintiff”), and a majority shareholder
of Oriental Palm Springs Inc., (“OPS”) and, as such, am fully familiar with all the facts and
circumstances of this matter.
2. I respectfully submit this Affidavit in support of Order to Show Cause seeking an
Order enjoining Defendant Sin Chow Chen (“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 Booth 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;
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FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023
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;
F) paying any sums of money to employees or third-party vendors without Plaintiff’s
prior written consent.
3. The relief should be granted because of the facts set forth below.
4. From the outset, I have been victimized by Defendant’s well-orchestrated
campaign of deceit and unabated fraud. In August 2022, Defendant approached me with an offer
to get involved and supervise overall operation and management of the Business. As the
Business was “bleeding” money, I was asked to pay $250,000 for fifty (50%) percent of the
company. The agreement was made that Defendant and I would become equal 50% partners in
the business. However, when it came to the execution of the Stock Sale & Transfer Agreement,
Defendant suddenly demanded to reduce my interest in OPS on “paper” to avoid what he called
“complications” arising out of the lease agreement with the landlord. Exhibit B. This sneaky
“maneuver” turned out to be a lie.
5. At the time, I did not suspect that it would be just the “tip of the iceberg” of the
fraud concocted by the Defendant to siphon more than $300,000 out of me.
6. In fact, after I received a stock certificate for ninety (90) shares of OPS (Exhibit
C), I learned that, unbeknownst to me, there is another shareholder, Liqing Wu, who purportedly
owned ten (10%) percent of the business. Exhibit D.
7. Since I wanted to make sure that I am a 50% co-owner of OPS, in June 2023, I
purchased Wu’s ten percent for $70,000.
8. Defendant’s arrogance in perpetrating fraud upon Plaintiff had no limits since he
admitted in August of 2022 Plaintiff’s ownership of 50% of OPS and the payment received from
Plaintiff in the amount of $300,000. Exhibit F.
8. In January 2023, as Defendant remained in charge of the company’s finances, after
having spent the money I gave him in August 2022, he declared that the company is running out
of money and it urgently needs infusion of capital. He demanded I give more money to the
Business.
2
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9. On February 18, 2023, I loaned $50,000 to OPS for the term of four (4) months
with the monthly interest of $500. Exhibit E.
10. Neither the loan nor the interest was ever paid.
"frozen"
11. As of the present time, I am completely out of OPS. Defendant
prevented my access to the office by changing the locks. Despite my numerous demands, I have
OPS'
been prevented from having access to financial and banking records.
12. Moreover, on several occasions, when my wife and I attempted to come to the
office and discuss with the Defendant an amicable resolution of the crisis, we were met with
threats and actual violence directed against us.
13. Specifically, in May, June, and July 2023, Defendant refused to allow me access
to the financial records of OPS.
14. On July 28, 2023, my wife and I were attacked at the office of OPS by
Defendant's henchmen who.first harassed us and then, pushed me and knocked my wife to the
ground. Defendant's thugs scratched my wife's arms and pulled her hair.
20. . My concern is that in absence of an injunction during this litigation, Defendant
OPS'
will irreparably damage business and deprive me of my lawful share in the company. To
"status-quo"
rule otherwise would destroy the and render my lifetime investment of blood, sweat
and tears meaningless.
Sheng Lin
8th
Sworn to before me on the d
of gust, 2023
BRIAN sHEN SikYA
otary Public, Stateof New York
No. 02YA6068559
otary ublic Q ualified in Q ueens County
omJnissioDE¥pitees Jan.»29
3
3 of 5
. .
FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------X 716561/2023
Index No. ____
SHENG LIN, suing individually and
derivatively on behalf of ORIENTAL PALM
SPRINGS Inc.
Plaintiff, AFFIDAVIT OF
TRANSLATION
-against-
SIN CHOW CHEN
Defendant,
And
ORIENTAL PALM SPRINGS, Inc.
Nominal Defendants.
---------------------------------------------------------------------X
STATE OF NEW YORK )
) ss:
COUNTY OF QUEENS )
I, Monica Lin, duly sworn, deposes and says the following under the penalty of perjury:
1. I am over 18 years old. I am competent and qualified to provide the translation
for Mr. Sheng Lin.
2. I received my education through high school in China. Also I received a 4-year
college education in the U.S. in which I graduated Summa Cum Laude. I am fluent in Chinese
and have spoken Chinese as my primary language for my entire life. I am also fluent in English
and regularly communicate with others in English, including clients and others I work with.
Therefore I am competent and qualified to provide the translation.
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FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023
3. I hereby certify that I have translated the attached affidavit in support of OSC to
Mr. Sheng Lin. He confirmed that he understood it and agreed with it and signed the affidavit in
my presence.
4. I further certify that, to the best of my knowledge, the translation I made to Mr. Sheng
Lin is complete, true and accurate.
Monica in
Subscribed to and sworn before me
this)hday of August, 2023
No Public
.
B AN SHEN JIt4YAÑÒ
York
Notary Public, State-of New
No. 02YA6068559
Q ualified in Q ueens County
.
Commission Expirps Jan. 7, 20
-2-
5 of 5
Preview
FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023 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- PLAINTIFF’S AFFIDAVIT SIN CHOW CHEN, Defendant, and ORIENTAL PALM SPRINGS, Inc., Nominal Defendant. _____________________________________________x STATE OF NEW YORK ) ss. COUNTY OF QUEENS ) Sheng Lin, being duly sworn, deposes and says: 1. I am the Plaintiff in this derivative action (“Plaintiff”), and a majority shareholder of Oriental Palm Springs Inc., (“OPS”) and, as such, am fully familiar with all the facts and circumstances of this matter. 2. I respectfully submit this Affidavit in support of Order to Show Cause seeking an Order enjoining Defendant Sin Chow Chen (“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 Booth 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; 1 of 5 FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023 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; F) paying any sums of money to employees or third-party vendors without Plaintiff’s prior written consent. 3. The relief should be granted because of the facts set forth below. 4. From the outset, I have been victimized by Defendant’s well-orchestrated campaign of deceit and unabated fraud. In August 2022, Defendant approached me with an offer to get involved and supervise overall operation and management of the Business. As the Business was “bleeding” money, I was asked to pay $250,000 for fifty (50%) percent of the company. The agreement was made that Defendant and I would become equal 50% partners in the business. However, when it came to the execution of the Stock Sale & Transfer Agreement, Defendant suddenly demanded to reduce my interest in OPS on “paper” to avoid what he called “complications” arising out of the lease agreement with the landlord. Exhibit B. This sneaky “maneuver” turned out to be a lie. 5. At the time, I did not suspect that it would be just the “tip of the iceberg” of the fraud concocted by the Defendant to siphon more than $300,000 out of me. 6. In fact, after I received a stock certificate for ninety (90) shares of OPS (Exhibit C), I learned that, unbeknownst to me, there is another shareholder, Liqing Wu, who purportedly owned ten (10%) percent of the business. Exhibit D. 7. Since I wanted to make sure that I am a 50% co-owner of OPS, in June 2023, I purchased Wu’s ten percent for $70,000. 8. Defendant’s arrogance in perpetrating fraud upon Plaintiff had no limits since he admitted in August of 2022 Plaintiff’s ownership of 50% of OPS and the payment received from Plaintiff in the amount of $300,000. Exhibit F. 8. In January 2023, as Defendant remained in charge of the company’s finances, after having spent the money I gave him in August 2022, he declared that the company is running out of money and it urgently needs infusion of capital. He demanded I give more money to the Business. 2 2 of 5 FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023 9. On February 18, 2023, I loaned $50,000 to OPS for the term of four (4) months with the monthly interest of $500. Exhibit E. 10. Neither the loan nor the interest was ever paid. "frozen" 11. As of the present time, I am completely out of OPS. Defendant prevented my access to the office by changing the locks. Despite my numerous demands, I have OPS' been prevented from having access to financial and banking records. 12. Moreover, on several occasions, when my wife and I attempted to come to the office and discuss with the Defendant an amicable resolution of the crisis, we were met with threats and actual violence directed against us. 13. Specifically, in May, June, and July 2023, Defendant refused to allow me access to the financial records of OPS. 14. On July 28, 2023, my wife and I were attacked at the office of OPS by Defendant's henchmen who.first harassed us and then, pushed me and knocked my wife to the ground. Defendant's thugs scratched my wife's arms and pulled her hair. 20. . My concern is that in absence of an injunction during this litigation, Defendant OPS' will irreparably damage business and deprive me of my lawful share in the company. To "status-quo" rule otherwise would destroy the and render my lifetime investment of blood, sweat and tears meaningless. Sheng Lin 8th Sworn to before me on the d of gust, 2023 BRIAN sHEN SikYA otary Public, Stateof New York No. 02YA6068559 otary ublic Q ualified in Q ueens County omJnissioDE¥pitees Jan.»29 3 3 of 5 . . FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X 716561/2023 Index No. ____ SHENG LIN, suing individually and derivatively on behalf of ORIENTAL PALM SPRINGS Inc. Plaintiff, AFFIDAVIT OF TRANSLATION -against- SIN CHOW CHEN Defendant, And ORIENTAL PALM SPRINGS, Inc. Nominal Defendants. ---------------------------------------------------------------------X STATE OF NEW YORK ) ) ss: COUNTY OF QUEENS ) I, Monica Lin, duly sworn, deposes and says the following under the penalty of perjury: 1. I am over 18 years old. I am competent and qualified to provide the translation for Mr. Sheng Lin. 2. I received my education through high school in China. Also I received a 4-year college education in the U.S. in which I graduated Summa Cum Laude. I am fluent in Chinese and have spoken Chinese as my primary language for my entire life. I am also fluent in English and regularly communicate with others in English, including clients and others I work with. Therefore I am competent and qualified to provide the translation. 4 of 5 FILED: QUEENS COUNTY CLERK 08/10/2023 05:55 PM INDEX NO. 716561/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/10/2023 3. I hereby certify that I have translated the attached affidavit in support of OSC to Mr. Sheng Lin. He confirmed that he understood it and agreed with it and signed the affidavit in my presence. 4. I further certify that, to the best of my knowledge, the translation I made to Mr. Sheng Lin is complete, true and accurate. Monica in Subscribed to and sworn before me this)hday of August, 2023 No Public . B AN SHEN JIt4YAÑÒ York Notary Public, State-of New No. 02YA6068559 Q ualified in Q ueens County . Commission Expirps Jan. 7, 20 -2- 5 of 5