Motion,Ex Parte: Yong Kang Medical Pllc v. Tszhoderrick Lum, Wellness Family Health Np, P.C., Li Hong Ye, Dr Li Pediatric Pc

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                                SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS


YONG KANG MEDICAL PLLC,
                                                                 Index No: 516705/2023
                               Plaintiff,
                                                                 ORDER FOR ALTERNATIVE
               v.                                                SERVICE ON DEFENDANTS
                                                                 TSZHODERRICK LUM AND
TSZHODERRICK LUM, WELLNESS FAMILY                                    HEALTH NP, P.C.
HEALTH NP, P.C., LI HONG YE, and DR. LI
PEDIATRIC P.C.,


                               Defendants.


       On ______________, 2023, the Court considered the application by Counsel for YONG

KANG MEDICAL PLLC (“Plaintiff”) for an Order, pursuant to New York Civil Practice Law and

Rules (“N.Y. C.P.L.R.”) §308(5), directing an alternative form of service upon TSZHODERRICK

LUM, and WELLNESS FAMILY HEALTH NP, P.C. (“Remaining Defendants”). After

considering the papers submitted in connection with the application, the papers on file in this

action, and the authorities cited, the Court finds as follows:

       As Defendant TSZHODERRICK LUM opened his own practice, Defendant WELLNESS

FAMILY HEALTH NP, P.C. while employed with Plaintiff YONG KANG MEDICAL PLLC,

service for WELLNESS FAMILY HEALTH NP, P.C. can and should be effectuated via

Defendant TSZHODERRICK LUM.

       Service upon the Remaining Defendants pursuant to N.Y. C.P.L.R. 308(1), (2), and (4) is

impracticable, in that Plaintiff has attempted to serve the Remaining Defendants on multiple

occasions at two prior addresses, has attempted to locate the Remaining Defendants through the

use of databases that have proven useful in locating defendants for purposes of service of process,




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but the Remaining Defendants apparently no longer reside at their last known addresses, and the

Remaining Defendants cannot be located through database searches.

       Defendant TSZHODERRICK LUM’s last known email address is derricklum@hotmail.com.

Defendant WELLNESS FAMILY HEALTH NP, P.C. is likely to have actual notice, as Defendant

TSZHODERRICK LUM is the authorized official of Defendant WELLNESS FAMILY HEALTH

NP, P.C. according to the NPI Profile listed in https://npiprofile.com/npi/1841903192.




       Therefore, the Court finds that service of the Summons and Complaint in this action by

email to Defendant TSZHODERRICK LUM derricklum@hotmail.com is reasonably calculated to

give actual notice of this action to the Remaining Defendants and is more likely to do so than

service by publication.



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      THEREFORE, IT IS ORDERED that, pursuant to. N.Y. C.P.L.R. §308(5):

         i. Service of the Summons and Complaint in this action shall be made upon Defendant

            TSZHODERRICK LUM by emailing a copy of the Summons and Complaint,

            together with a copy of this Order, to derricklum@hotmail.com.

         ii. Service of the Summons and Complaint in this action shall be made upon Defendant

            WELLNESS FAMILY HEALTH NP, P.C. by emailing a copy of the Summons

            and Complaint, together with a copy of this Order, to derricklum@hotmail.com.



Dated: ______________, 2023


                                                 ______________________________
                                                 Magistrate TBD




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