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FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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KIRAN KUMAR CHENNA, Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
NYC GREEN TRANSPORTATION GROUP, LLC,
NURIDE TRANSPORTATION GROUP, LLC, NADIM
AHMED a/k/a NADIM KHAN, MONA SHAH a/k/a
MEHREEN SHAH, and MONA SHAH &
ASSOCIATES, PLLC,
Defendants.
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Plaintiff Kiran Kumar Chenna, by his attorneys, Kurzman Eisenberg Corbin & Lever,
LLP, complaining of Defendants NYC Green Transportation Group, LLC, NuRide
Transportation Group, LLC, Nadim Ahmed a/k/a Nadim Khan, Mona Shah a/k/a Mehreen Shah,
and Mona Shah & Associates, PLLC, alleges as follows:
THE PARTIES
1. At all relevant times, Kiran Kumar Chenna (“Chenna”) is an individual residing
in the State of New Jersey, County of Essex.
2. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant NYC Green Transportation Group, LLC (“NYCGTG”) was and is a limited liability
company organized and existing under the laws of the State of New York, with its principal
place of business located at 33-24 Northern Boulevard, Long Island City, New York 11101.
3. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant NuRide Transportation Group, LLC (“NuRide”) was and is a limited liability
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company organized and existing under the laws of the State of New York, with its principal
place of business located at 33-24 Northern Boulevard, Long Island City, New York 11101.
4. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant Nadim Ahmed a/k/a Nadim Khan (“Ahmed”) is an individual with a last known
principal place of business located at 33-24 Northern Boulevard, Long Island City, New York
11101.
5. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant Mona Shah a/k/a Mehreen Shah (“Shah”) is an individual with a principal place of
business located at 232 Madison Avenue, New York, New York 10016.
6. Upon information and belief, at all relevant times hereinafter mentioned,
Defendant Mona Shah & Associates, PLLC (individually, “Shah & Associates,” and collectively
with Shah, the “Shah Defendants”) is a professional limited liability company organized and
existing under the laws of the State of New York, with a principal place of business located at
232 Madison Avenue, New York, New York 10016.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract as against NYCGTG)
7. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“6” of this Complaint with the same force and effect as if set forth fully at length herein.
8. Upon information and belief and at all relevant times, NYCGTG was and is a
transportation company that is owned and operated by NuRide.
9. Under the direction and recommendation of the Shah Defendants, Chenna agreed
to invest in NYCGTG as part of the EB-5 Immigrant Investor Program (the “EB-5 Program”)
and in furtherance of an I-526 Petition submitted by Chenna.
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10. The EB-5 Program is a United States immigration program that grants foreign
investors and their families the opportunity to obtain permanent residency by making a
significant investment in a qualifying United States business and creating jobs for American
workers.
11. The I-526 petition is a document filed by foreign investors seeking to obtain
conditional permanent residency in the United States through the EB-5 Program by
demonstrating an investment in a commercial enterprise that will create jobs.
12. Upon information and belief, NYCGTG is a commercial enterprise providing taxi
transportation and warehousing in New York City and the surrounding areas (the “Project”) that
is primarily funded by foreign nationals seeking citizenship via the EB-5 Program.
13. Upon information and belief, at relevant times, Ahmed held a majority interest in
NuRide.
14. Upon information and belief and at all relevant times, NuRide was the managing
member and holder of a majority membership interest of NYCGTG.
15. In furtherance of Chenna’s I-526 Petition and Chenna and NYCGTG’s
participation in the EB-5 Program, on March 12, 2018, Chenna and NYCGTG executed and
delivered the following documents: confidential private offering memorandum (the “Offering
Memo”), operating Agreement (the “Operating Agreement”), subscription agreement (the
“Subscription Agreement”) and amendment to the offering documents (the “Amendment,” and
collectively with the Offering Memo, Operating Agreement and Subscription Agreement, the
“Offering Documents”).
16. The Amendment provides, in relevant part, that “[i]n the event that the Investor’s
[Chenna] [I-]140 becomes current and he decides to withdraw [from] the aforementioned EB5
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[Program] prior to the approval of the I-526 petition, the LLC [NYCGTG] shall return the
Investor’s Investment Amount of US Dollars Five Hundred Twenty Thousand ($520,000), less
the administrative fees ($20,000) with no accrued interest within forty-five (45) days of receipt
of the Investor’s written request therefore, and the investor shall be redeemed from status as a
member of the LLC.”
17. On March 19, 2018, at the direction of the Shah Defendants, and in furtherance of
his commitment under the Offering Documents, Chenna provided a capital investment in the
amount of $520,000.00 to NYCGTG in connection with the Project (the “Investment”).
18. On September 21, 2021, Chenna filed a letter with the U.S. Citizenship and
Immigration Services withdrawing his I-526 Petition.
19. As of September 21, 2021, Chenna’s I-526 Petition had not been approved,
thereby satisfying the Amendment’s condition for withdrawal.
20. On September 22, 2021, in accordance with the Amendment, Chenna placed
NYCGTG on notice of his withdrawal from the EB-5 Program and provided NYCGTG with a
written request to return his Investment in accordance with the terms of the Amendment.
21. Under the terms of the Amendment, NYCGTG was obligated to return to Chenna
the sum of $500,000.00 (i.e., the Investment amount of $520,000.00 minus administrative fees).
22. Under the terms of the Amendment, NYCGTG had until November 6, 2021 to
return Chenna’s Investment.
23. NYCGTG did not return Chenna’s Investment by November 6, 2021.
24. On or about December 29, 2022, NYCGTG returned $50,000.00 to Chenna.
25. As of today, NYCGTG has failed to return the remaining $450,000.00 or any
portion thereof.
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26. By failing to return the entire $500,000.00 by November 6, 2021 or any time
thereafter, NYCGTG defaulted under the terms of the Offering Documents.
27. Chenna has fully complied with all of the terms and conditions of the Offering
Documents.
28. By reason of the foregoing, Chenna is entitled to judgment against NYCGTG in
the amount of $450,000.00 plus interest from November 7, 2021, together with the costs and
disbursements of this action, including reasonable attorneys’ fees.
AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty as against NuRide and Ahmed)
29. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“26” of this Complaint with the same force and effect as if set forth fully at length herein.
30. Upon information and belief and at all relevant times, NuRide was and is the
managing member of NYCGTG, as well as the owner and holder of a 60% membership interest
in NYCGTG.
31. Upon information and belief, at relevant times, Ahmed is the holder of a majority
interest in NuRide.
32. Upon information and belief, at relevant times, Ahmed made operational
decisions for both NYCGTG and NuRide.
33. Upon information and belief, NuRide, as managing member of NYCGTG, was in
a fiduciary relationship with Chenna and owed to Chenna the duties of care and loyalty.
34. Upon information and belief, Ahmed, as an owner and operator of NuRide and
NYCGTG, was in a fiduciary relationship with Chenna and owed to Chenna the duties of care
and loyalty.
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35. Upon information and belief, NuRide failed to use Chenna’s Investment, as well
as the investments of others, for the purchase of vehicles as set forth in the Offering Documents.
36. Upon information and belief, NuRide and Ahmed diverted the Investment to other
enterprises for personal financial gain.
37. Upon information and belief, NuRide failed to create EB-5 qualifying jobs for
NYCGTG.
38. Upon information and belief, as a result of NuRide and Ahmed’s failure to utilize
the Investment in accordance with the Offering Documents, Chenna has been unable to recoup
his Investment as provided for in the Amendment.
39. By reason of the foregoing, NuRide and Ahmed have breached their fiduciary
duties to Chenna.
40. By reason of the foregoing, Chenna is entitled to judgment against NYCGTG,
NuRide and Ahmed, jointly and severally in an amount to be determined by the Court, but in any
event no less than $450,000.00 plus interest from November 7, 2021, together with the costs and
disbursements of this action, including reasonable attorneys’ fees.
AS AND FOR A THIRD CAUSE OF ACTION
(Fraud as against NYCGTG, NuRide, and Ahmed)
41. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“38” of this Complaint with the same force and effect as if set forth fully at length herein.
42. At all relevant times, NYCGTG and NuRide made multiple representations to
Chenna concerning the Project, including representing that the Project would produce the
requisite jobs to satisfy the EB-5 Program and that Chenna’s I-526 petition would be granted.
43. At all relevant times, NYCGTG represented that it would use the Investment and
the investments of others to purchase 880 vehicles.
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44. At all relevant times, NYCGTG Offering Memo represented that the income of
the company in five years would “conservatively” be $185,021,584.00.
45. At all relevant times, NYCGTG and NuRide failed to disclose that Ahmed, who
was part of “sophisticated corporate theft gang” charged with the theft of millions of dollars in a
140-count enterprise corruption indictment in Queens County in 2002, held a majority interest in
the NYCGTG’s managing member.
46. Upon information and belief, Ahmed is currently a defendant in a criminal
complaint filed against him in the United States District Court, Southern District of New York,
charging him with interstate transportation of stolen property in connection with an EB-5
Program involved a project to develop a fleet of tax and other vehicles in new York City (the
“Criminal Complaint”).
47. Upon information and belief, although the Criminal Complaint identifies the
companies that were utilized to facilitate Ahmed’s criminal enterprise as “Company-1” and
“Company 2”, those companies are NYCGTG and NuRide.
48. At all relevant times, Chenna relied upon NYCGTG and NuRide’s
representations.
49. Upon information and belief and at all relevant times, NYCGTG and NuRide
were aware that the Project would not produce the requisite jobs to satisfy the EB-5 Program.
50. Upon information and belief and at all relevant times, NYCGTG and NuRide
were aware that Ahmed was involved in the Project and had been diverting EB-5 investments for
his personal gain.
51. Upon information and belief, NYCGTG, NuRide and Ahmed were aware that
Chenna’s I-526 petition would not be successful.
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52. Upon information and belief, at all relevant times NYCGTG, NuRide and Ahmed
were aware that Chenna would never get his money back after investing in the Project.
53. Upon information and belief, NYCGTG failed to purchase assets in the amounts
represented in the Offering Documents.
54. Upon information and belief, not a single participant of the Project has gained
citizenship through the EB-5 Program.
55. Upon information and belief, NYCGTG, NuRide and Ahmed collectively
solicited Plaintiff and 79 other foreign nationals to each invest $500,000.00 in the Project in
order to participate in the EB-5 Program, but instead reallocated the money for personal financial
gain.
56. At all relevant times, Chenna relied upon the numerous representations of
NYCGTG, NuRide and Ahmed, and would not have made the Investment in the absence of said
representations.
57. By reason of the foregoing, Chenna is entitled to judgment against NYCGTG,
NuRide and Ahmed, jointly and severally, in the amount of $450,000.00 plus interest from
November 7, 2021, together with the costs and disbursements of this action, including reasonable
attorneys’ fees.
AS AND FOR A FOURTH CAUSE OF ACTION
(Legal Malpractice as against the Shah Defendants)
58. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through
“55” of this Complaint with the same force and effect as if set forth fully at length herein.
59. At all relevant times, the Shah Defendants held themselves out as being
experienced in the fields of immigration law and EB-5 investments.
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60. At all relevant times, the Shah Defendants held themselves out to be an attorney
and law firm for hire, offering their services to the public.
61. Chenna relied upon Shah Defendants’ purported expertise in the field of
immigration and EB-5 investments to his detriment.
62. Upon information and belief and at all relevant times, the Shah Defendants
directed Chenna toward the Project and assured him that it would lead to citizenship.
63. Upon information and belief, the Shah Defendants have represented Ahmed since
in or about 2005.
64. Upon information and belief, the Shah Defendants have a continuing professional
relationship with Ahmed.
65. Upon information and belief, Shah has a continuing deeply rooted personal
relationship with Ahmed.
66. Upon information and belief, Ahmed was part of a group that was indicted for
corporate theft in 2002 and thereafter continued to be engaged in criminal activities.
67. Upon information and belief, the Shah Defendants were aware that Ahmed was
part of a group that was indicted for corporate theft in 2002 and thereafter continued to be
engaged in criminal activities.
68. Upon information and belief, the Shah Defendants failed to disclose to Chenna
that Ahmed had been part of a group that was indicted for corporate theft in 2002 and thereafter
continued to be engaged in criminal activities.
69. At all relevant times, the Shah Defendants owed Chenna an undivided loyalty and
devotion to his interests as their client.
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70. At all relevant times, the Shah Defendants’ divided interests were not a waivable
conflict.
71. Upon information and belief, and at all relevant times, by failing to disclose,
among other things, her relationship with Ahmed and her knowledge of Ahmed’s wrongdoing,
Shah failed to exercise the degree of care, skill, and diligence that would be expected of an
ordinary member of the legal community.
72. Upon information and belief, the Shah Defendants assured Chenna that he would
be able to redeem his investment in the event his I-526 Petition is denied or withdrawn.
73. Upon information and belief, the Shah Defendants’ assurance was false, as the
Shah Defendants were aware that the Project would not satisfy the EB-5 job creation
requirements and his I-526 petition would undoubtedly be unsuccessful.
74. Upon information and belief, the Shah Defendants charged Chenna $25,000.00
for referring him to the Project and preparation of his I-526 Petition.
75. Upon information and belief, but for the Shah Defendants’ referral to the Project,
Chenna would never have made the Investment.
76. Upon information and belief, the Shah Defendants’ negligent representations and
omissions caused Chenna to suffer damages.
77. By reason of the foregoing, Chenna is entitled to judgment against the Shah
Defendants in an amount to be determined by the court, but in any event no less than
$450,000.00 plus interest from November 7, 2021, together with the costs and disbursements of
this action, including reasonable attorneys’ fees.
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WHEREFORE, Chenna demands judgment against Defendants as follows:
1. On the First Cause of Action against NYCGTG in the amount of $450,000.00
plus late charges and interest from November 7, 2021, together with the costs
and disbursements of this action, including reasonable attorneys' fees;
2. On the Second Cause of Action against NuRide and Ahmed, jointly and
severally in the amount to be determined by the Court, but in any event no less
than $450,000.00, plus late charges and interest from November 7, 2021,
together with the costs and disbursements of this action, including reasonable
attorneys’ fees;
3. On the Third Cause of Action against NYCGTG, NuRide and Ahmed, jointly
and severally in an amount to be determined by the Court, but in any event no
less than $450,000.00 together with the costs and disbursements of this action,
including reasonable attorneys' fees;
4. On the Fourth Cause of Action against the Shah Defendants, jointly and
severally in an amount to be determined by the Court, but in any event no less
than $450,000, together with the costs and disbursements of this action,
including reasonable attorneys’ fees; and
5. For such other and further relief as this Court may deem just and proper.
Dated: White Plains, New York
August 22, 2023
KURZMAN EISENBERG
CORBIN & LEVER, LLP
By:_______________________
Bruce W. Bieber, Esq.
Attorneys for Plaintiff,
Kiran Kumar Chenna
One North Broadway, 12th Fl.
White Plains, NY 10601
(212) 922-0816
bbieber@kelaw.com
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ATTORNEY VERIFICATION
Bruce W. Bieber, an attorney admitted to practice in the Courts of New York State, state
that I am a member of the firm of Kurzman Eisenberg Corbin & Lever, LLP, attorneys of record
for the Plaintiff in the within action; I have read the foregoing Complaint and know the contents
thereof; the same is true to my own knowledge, except as to the matters therein stated to be
alleged on information and belief, and as to those matters, I believe them to be true. The reason
this Verification is made by me and not by Plaintiff is that Plaintiff maintains its principal place
of business in a county other than where I maintain my offices. The grounds of my belief as to
all matters not stated upon my own knowledge are as follows: conversations with Plaintiff and
various books and records.
I affirm that the foregoing statements are true under the penalties of perjury.
Dated: White Plains, New York
August 22, 2023
_________________
Bruce W. Bieber
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FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X KIRAN KUMAR CHENNA, Index No. Plaintiff, VERIFIED COMPLAINT -against- NYC GREEN TRANSPORTATION GROUP, LLC, NURIDE TRANSPORTATION GROUP, LLC, NADIM AHMED a/k/a NADIM KHAN, MONA SHAH a/k/a MEHREEN SHAH, and MONA SHAH & ASSOCIATES, PLLC, Defendants. ---------------------------------------------------------------------X Plaintiff Kiran Kumar Chenna, by his attorneys, Kurzman Eisenberg Corbin & Lever, LLP, complaining of Defendants NYC Green Transportation Group, LLC, NuRide Transportation Group, LLC, Nadim Ahmed a/k/a Nadim Khan, Mona Shah a/k/a Mehreen Shah, and Mona Shah & Associates, PLLC, alleges as follows: THE PARTIES 1. At all relevant times, Kiran Kumar Chenna (“Chenna”) is an individual residing in the State of New Jersey, County of Essex. 2. Upon information and belief, at all relevant times hereinafter mentioned, Defendant NYC Green Transportation Group, LLC (“NYCGTG”) was and is a limited liability company organized and existing under the laws of the State of New York, with its principal place of business located at 33-24 Northern Boulevard, Long Island City, New York 11101. 3. Upon information and belief, at all relevant times hereinafter mentioned, Defendant NuRide Transportation Group, LLC (“NuRide”) was and is a limited liability 1 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 company organized and existing under the laws of the State of New York, with its principal place of business located at 33-24 Northern Boulevard, Long Island City, New York 11101. 4. Upon information and belief, at all relevant times hereinafter mentioned, Defendant Nadim Ahmed a/k/a Nadim Khan (“Ahmed”) is an individual with a last known principal place of business located at 33-24 Northern Boulevard, Long Island City, New York 11101. 5. Upon information and belief, at all relevant times hereinafter mentioned, Defendant Mona Shah a/k/a Mehreen Shah (“Shah”) is an individual with a principal place of business located at 232 Madison Avenue, New York, New York 10016. 6. Upon information and belief, at all relevant times hereinafter mentioned, Defendant Mona Shah & Associates, PLLC (individually, “Shah & Associates,” and collectively with Shah, the “Shah Defendants”) is a professional limited liability company organized and existing under the laws of the State of New York, with a principal place of business located at 232 Madison Avenue, New York, New York 10016. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract as against NYCGTG) 7. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through “6” of this Complaint with the same force and effect as if set forth fully at length herein. 8. Upon information and belief and at all relevant times, NYCGTG was and is a transportation company that is owned and operated by NuRide. 9. Under the direction and recommendation of the Shah Defendants, Chenna agreed to invest in NYCGTG as part of the EB-5 Immigrant Investor Program (the “EB-5 Program”) and in furtherance of an I-526 Petition submitted by Chenna. 2 2 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 10. The EB-5 Program is a United States immigration program that grants foreign investors and their families the opportunity to obtain permanent residency by making a significant investment in a qualifying United States business and creating jobs for American workers. 11. The I-526 petition is a document filed by foreign investors seeking to obtain conditional permanent residency in the United States through the EB-5 Program by demonstrating an investment in a commercial enterprise that will create jobs. 12. Upon information and belief, NYCGTG is a commercial enterprise providing taxi transportation and warehousing in New York City and the surrounding areas (the “Project”) that is primarily funded by foreign nationals seeking citizenship via the EB-5 Program. 13. Upon information and belief, at relevant times, Ahmed held a majority interest in NuRide. 14. Upon information and belief and at all relevant times, NuRide was the managing member and holder of a majority membership interest of NYCGTG. 15. In furtherance of Chenna’s I-526 Petition and Chenna and NYCGTG’s participation in the EB-5 Program, on March 12, 2018, Chenna and NYCGTG executed and delivered the following documents: confidential private offering memorandum (the “Offering Memo”), operating Agreement (the “Operating Agreement”), subscription agreement (the “Subscription Agreement”) and amendment to the offering documents (the “Amendment,” and collectively with the Offering Memo, Operating Agreement and Subscription Agreement, the “Offering Documents”). 16. The Amendment provides, in relevant part, that “[i]n the event that the Investor’s [Chenna] [I-]140 becomes current and he decides to withdraw [from] the aforementioned EB5 3 3 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 [Program] prior to the approval of the I-526 petition, the LLC [NYCGTG] shall return the Investor’s Investment Amount of US Dollars Five Hundred Twenty Thousand ($520,000), less the administrative fees ($20,000) with no accrued interest within forty-five (45) days of receipt of the Investor’s written request therefore, and the investor shall be redeemed from status as a member of the LLC.” 17. On March 19, 2018, at the direction of the Shah Defendants, and in furtherance of his commitment under the Offering Documents, Chenna provided a capital investment in the amount of $520,000.00 to NYCGTG in connection with the Project (the “Investment”). 18. On September 21, 2021, Chenna filed a letter with the U.S. Citizenship and Immigration Services withdrawing his I-526 Petition. 19. As of September 21, 2021, Chenna’s I-526 Petition had not been approved, thereby satisfying the Amendment’s condition for withdrawal. 20. On September 22, 2021, in accordance with the Amendment, Chenna placed NYCGTG on notice of his withdrawal from the EB-5 Program and provided NYCGTG with a written request to return his Investment in accordance with the terms of the Amendment. 21. Under the terms of the Amendment, NYCGTG was obligated to return to Chenna the sum of $500,000.00 (i.e., the Investment amount of $520,000.00 minus administrative fees). 22. Under the terms of the Amendment, NYCGTG had until November 6, 2021 to return Chenna’s Investment. 23. NYCGTG did not return Chenna’s Investment by November 6, 2021. 24. On or about December 29, 2022, NYCGTG returned $50,000.00 to Chenna. 25. As of today, NYCGTG has failed to return the remaining $450,000.00 or any portion thereof. 4 4 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 26. By failing to return the entire $500,000.00 by November 6, 2021 or any time thereafter, NYCGTG defaulted under the terms of the Offering Documents. 27. Chenna has fully complied with all of the terms and conditions of the Offering Documents. 28. By reason of the foregoing, Chenna is entitled to judgment against NYCGTG in the amount of $450,000.00 plus interest from November 7, 2021, together with the costs and disbursements of this action, including reasonable attorneys’ fees. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Fiduciary Duty as against NuRide and Ahmed) 29. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through “26” of this Complaint with the same force and effect as if set forth fully at length herein. 30. Upon information and belief and at all relevant times, NuRide was and is the managing member of NYCGTG, as well as the owner and holder of a 60% membership interest in NYCGTG. 31. Upon information and belief, at relevant times, Ahmed is the holder of a majority interest in NuRide. 32. Upon information and belief, at relevant times, Ahmed made operational decisions for both NYCGTG and NuRide. 33. Upon information and belief, NuRide, as managing member of NYCGTG, was in a fiduciary relationship with Chenna and owed to Chenna the duties of care and loyalty. 34. Upon information and belief, Ahmed, as an owner and operator of NuRide and NYCGTG, was in a fiduciary relationship with Chenna and owed to Chenna the duties of care and loyalty. 5 5 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 35. Upon information and belief, NuRide failed to use Chenna’s Investment, as well as the investments of others, for the purchase of vehicles as set forth in the Offering Documents. 36. Upon information and belief, NuRide and Ahmed diverted the Investment to other enterprises for personal financial gain. 37. Upon information and belief, NuRide failed to create EB-5 qualifying jobs for NYCGTG. 38. Upon information and belief, as a result of NuRide and Ahmed’s failure to utilize the Investment in accordance with the Offering Documents, Chenna has been unable to recoup his Investment as provided for in the Amendment. 39. By reason of the foregoing, NuRide and Ahmed have breached their fiduciary duties to Chenna. 40. By reason of the foregoing, Chenna is entitled to judgment against NYCGTG, NuRide and Ahmed, jointly and severally in an amount to be determined by the Court, but in any event no less than $450,000.00 plus interest from November 7, 2021, together with the costs and disbursements of this action, including reasonable attorneys’ fees. AS AND FOR A THIRD CAUSE OF ACTION (Fraud as against NYCGTG, NuRide, and Ahmed) 41. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through “38” of this Complaint with the same force and effect as if set forth fully at length herein. 42. At all relevant times, NYCGTG and NuRide made multiple representations to Chenna concerning the Project, including representing that the Project would produce the requisite jobs to satisfy the EB-5 Program and that Chenna’s I-526 petition would be granted. 43. At all relevant times, NYCGTG represented that it would use the Investment and the investments of others to purchase 880 vehicles. 6 6 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 44. At all relevant times, NYCGTG Offering Memo represented that the income of the company in five years would “conservatively” be $185,021,584.00. 45. At all relevant times, NYCGTG and NuRide failed to disclose that Ahmed, who was part of “sophisticated corporate theft gang” charged with the theft of millions of dollars in a 140-count enterprise corruption indictment in Queens County in 2002, held a majority interest in the NYCGTG’s managing member. 46. Upon information and belief, Ahmed is currently a defendant in a criminal complaint filed against him in the United States District Court, Southern District of New York, charging him with interstate transportation of stolen property in connection with an EB-5 Program involved a project to develop a fleet of tax and other vehicles in new York City (the “Criminal Complaint”). 47. Upon information and belief, although the Criminal Complaint identifies the companies that were utilized to facilitate Ahmed’s criminal enterprise as “Company-1” and “Company 2”, those companies are NYCGTG and NuRide. 48. At all relevant times, Chenna relied upon NYCGTG and NuRide’s representations. 49. Upon information and belief and at all relevant times, NYCGTG and NuRide were aware that the Project would not produce the requisite jobs to satisfy the EB-5 Program. 50. Upon information and belief and at all relevant times, NYCGTG and NuRide were aware that Ahmed was involved in the Project and had been diverting EB-5 investments for his personal gain. 51. Upon information and belief, NYCGTG, NuRide and Ahmed were aware that Chenna’s I-526 petition would not be successful. 7 7 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 52. Upon information and belief, at all relevant times NYCGTG, NuRide and Ahmed were aware that Chenna would never get his money back after investing in the Project. 53. Upon information and belief, NYCGTG failed to purchase assets in the amounts represented in the Offering Documents. 54. Upon information and belief, not a single participant of the Project has gained citizenship through the EB-5 Program. 55. Upon information and belief, NYCGTG, NuRide and Ahmed collectively solicited Plaintiff and 79 other foreign nationals to each invest $500,000.00 in the Project in order to participate in the EB-5 Program, but instead reallocated the money for personal financial gain. 56. At all relevant times, Chenna relied upon the numerous representations of NYCGTG, NuRide and Ahmed, and would not have made the Investment in the absence of said representations. 57. By reason of the foregoing, Chenna is entitled to judgment against NYCGTG, NuRide and Ahmed, jointly and severally, in the amount of $450,000.00 plus interest from November 7, 2021, together with the costs and disbursements of this action, including reasonable attorneys’ fees. AS AND FOR A FOURTH CAUSE OF ACTION (Legal Malpractice as against the Shah Defendants) 58. Plaintiff repeats and realleges the allegations contained in Paragraphs “1” through “55” of this Complaint with the same force and effect as if set forth fully at length herein. 59. At all relevant times, the Shah Defendants held themselves out as being experienced in the fields of immigration law and EB-5 investments. 8 8 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 60. At all relevant times, the Shah Defendants held themselves out to be an attorney and law firm for hire, offering their services to the public. 61. Chenna relied upon Shah Defendants’ purported expertise in the field of immigration and EB-5 investments to his detriment. 62. Upon information and belief and at all relevant times, the Shah Defendants directed Chenna toward the Project and assured him that it would lead to citizenship. 63. Upon information and belief, the Shah Defendants have represented Ahmed since in or about 2005. 64. Upon information and belief, the Shah Defendants have a continuing professional relationship with Ahmed. 65. Upon information and belief, Shah has a continuing deeply rooted personal relationship with Ahmed. 66. Upon information and belief, Ahmed was part of a group that was indicted for corporate theft in 2002 and thereafter continued to be engaged in criminal activities. 67. Upon information and belief, the Shah Defendants were aware that Ahmed was part of a group that was indicted for corporate theft in 2002 and thereafter continued to be engaged in criminal activities. 68. Upon information and belief, the Shah Defendants failed to disclose to Chenna that Ahmed had been part of a group that was indicted for corporate theft in 2002 and thereafter continued to be engaged in criminal activities. 69. At all relevant times, the Shah Defendants owed Chenna an undivided loyalty and devotion to his interests as their client. 9 9 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 70. At all relevant times, the Shah Defendants’ divided interests were not a waivable conflict. 71. Upon information and belief, and at all relevant times, by failing to disclose, among other things, her relationship with Ahmed and her knowledge of Ahmed’s wrongdoing, Shah failed to exercise the degree of care, skill, and diligence that would be expected of an ordinary member of the legal community. 72. Upon information and belief, the Shah Defendants assured Chenna that he would be able to redeem his investment in the event his I-526 Petition is denied or withdrawn. 73. Upon information and belief, the Shah Defendants’ assurance was false, as the Shah Defendants were aware that the Project would not satisfy the EB-5 job creation requirements and his I-526 petition would undoubtedly be unsuccessful. 74. Upon information and belief, the Shah Defendants charged Chenna $25,000.00 for referring him to the Project and preparation of his I-526 Petition. 75. Upon information and belief, but for the Shah Defendants’ referral to the Project, Chenna would never have made the Investment. 76. Upon information and belief, the Shah Defendants’ negligent representations and omissions caused Chenna to suffer damages. 77. By reason of the foregoing, Chenna is entitled to judgment against the Shah Defendants in an amount to be determined by the court, but in any event no less than $450,000.00 plus interest from November 7, 2021, together with the costs and disbursements of this action, including reasonable attorneys’ fees. 10 10 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 WHEREFORE, Chenna demands judgment against Defendants as follows: 1. On the First Cause of Action against NYCGTG in the amount of $450,000.00 plus late charges and interest from November 7, 2021, together with the costs and disbursements of this action, including reasonable attorneys' fees; 2. On the Second Cause of Action against NuRide and Ahmed, jointly and severally in the amount to be determined by the Court, but in any event no less than $450,000.00, plus late charges and interest from November 7, 2021, together with the costs and disbursements of this action, including reasonable attorneys’ fees; 3. On the Third Cause of Action against NYCGTG, NuRide and Ahmed, jointly and severally in an amount to be determined by the Court, but in any event no less than $450,000.00 together with the costs and disbursements of this action, including reasonable attorneys' fees; 4. On the Fourth Cause of Action against the Shah Defendants, jointly and severally in an amount to be determined by the Court, but in any event no less than $450,000, together with the costs and disbursements of this action, including reasonable attorneys’ fees; and 5. For such other and further relief as this Court may deem just and proper. Dated: White Plains, New York August 22, 2023 KURZMAN EISENBERG CORBIN & LEVER, LLP By:_______________________ Bruce W. Bieber, Esq. Attorneys for Plaintiff, Kiran Kumar Chenna One North Broadway, 12th Fl. White Plains, NY 10601 (212) 922-0816 bbieber@kelaw.com 11 11 of 12 FILED: QUEENS COUNTY CLERK 08/22/2023 02:36 PM INDEX NO. 717440/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/22/2023 ATTORNEY VERIFICATION Bruce W. Bieber, an attorney admitted to practice in the Courts of New York State, state that I am a member of the firm of Kurzman Eisenberg Corbin & Lever, LLP, attorneys of record for the Plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The reason this Verification is made by me and not by Plaintiff is that Plaintiff maintains its principal place of business in a county other than where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with Plaintiff and various books and records. I affirm that the foregoing statements are true under the penalties of perjury. Dated: White Plains, New York August 22, 2023 _________________ Bruce W. Bieber 12 12 of 12