Preview
FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------------X Index No.
HJ LINDEN LLC,
Plaintiff, AFFIDAVIT OF
- against - JOHNNY CHENG
IN SUPPORT
ABD LINDEN GROUP LLC,
L2 CONSTRUCTION INC, and
ZUNING LIN,
Defendants.
_______________________________________________________..-------__________Ç
State of New York )
County of Queens ) s.s.:
I, JOHNNY CHENG, being duly sworn, depose and state under penalty of perjury:
1. I am the member of HJ Linden LLC, Plaintiff in the above-captioned proceeding
and am familiar with the facts of this case.
2. I submit this affidavit in support of Plaintiff's motion seeking, among other things,
a temporary restraining order and preliminary injunction enjoining and restraining Defendants
from continuing to trespass and encroach upon Plaintiff's property. This motion also seeks a
temporary restraining order and preliminary injunction ordering Defendants to immediately cease
all construction activities on the neighboring property, and enjoining and restraining them from
causing further damage, injury and destruction of Plaintiff's property.
STATEMENT OF FACTS
3. At all relevant times, Plaintiff is the fee owner of the real property located at 31-21
Linden Place, Flushing NY 11354 ("Plaintiff's Property"). A true and accurate copy of the current
deed of record showing Plaintiff as the fee owner of the Plaintiff's Property is annexed hereto as
Exhibit A.
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4. The neighboring parcel of real property, located at 31-23/25 Linden Place, Flushing
NY 11354 (the "Offending Property"), is owned by Defendant ABD LINDEN GROUP LLC (the
"Defendant Owner"). A true and accurate copy of the current deed of record showing Defendant
owner as owner of the Offending Property is annexed hereto as Exhibit B.
5. Plaintiff's Property and the Offending Property are contiguous to one another, such
that the northerly boundary of Plaintiff's Property forms the southerly boundary of the Offending
Property (the "Property Line"). A true and accurate copy of the survey dated January 12, 2015
indicating the boundaries of Plaintiff's Property is annexed hereto as Exhibit C.
6. On Plaintiff's Property is a two story framed house with cellar ("Plaintiff's House")
which contains two occupied residences of two families who have occupied the premises since
2015 when Plaintiff's House on Plaintiff's Property were attached to the house on the Offending
Property which Defendants demolished on or about 2022.
7. Until its demolition in late 2022 by the Defendants, the Offending Property also
contained a similar two story framed house (the "Offending House") attached to Plaintiff's House.
8. At all relevant times, after Defendants demolished the house on the Offending
Property which used to be attached to Plaintiff's House, Defendants left Plaintiff's House exposed.
9. Upon information and belief, the Defendant Owner now seek to construct a new six
(6) story building on the Offending Property.
10. For the purpose, Defendant Owner has hired Defendant L2 Construction Inc. as
general contractor.
11. Upon information and belief, Defendant Zuning Lin is the owner of L2
Construction Inc. and the person overseeing and directing the construction also known as the
construction supervisor.
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023
12. Prior to Defendant's work upon the Offending Property, the interior of Plaintiff's
House had no cracks whatsoever, structural or cosmetic.
13. After Defendants demolish the Offending House, large structural cracks began to
appear all throughout the concrete floor slab of the Plaintiff's House and on the load-bearing
concrete walls nearest the Property Line.
14. I immediately retained a professional engineer, Mr, Hsin E. Chao, to inspect the
damage and prepare a report analyzing the cause.
15. On October 6, 2023, Mr. Chao issued his report. A true and accurate copy of the
engineer's report, prepared and sealed on October 6, 2023, is annexed hereto as Exhibit D.
16. The report found that there were multiple cracks on the surface of party wall on
the property line and cracked local area causing leaking on interior walls of Plaintiff's House. In
addition, the grading of the Offending Property after demolition were not graded correctly such
that surface runoff is flowing to onto the rear year of Plaintiff's Property and into the Plaintiff's
House cellar area causing damage including damage to the boiler room and storage room.
17. It also found that there were no crack meters, pre-construction survey or vibration
monitoring reports. All indications that "omissions and errors by the contractor and design
property."
professions failed to safeguard adjacent
18. On or about October 19, 2023, Defendants threaten to destroy my foundation. See
photocopies of text messages send by the Defendants attached hereto as Exhibit E. I was told by
my engineer that my house was built around 1920 according to NYSDOB record and that
Defendants threats of destroying my foundation is the equivalent of destroying my house.
Defendants'
19. On or about October 23, 2023, I received a letter from attorney, the Li
Law Group P.C. regarding the same and for access.
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20. On or about October 25, 2023, my attorney sent a copy of Mr. Chao's report to
Defendants'
attorney, the Li Law Group P.C., outlining the need for protective safeguards and a
copy of their construction plans so that a safety plan could be coordinated with my engineer.
21. On or about November 1, 2023, despite being notified of the need for protective
safeguards to mitigate any further damage to my house and without any safeguards in place
whatsoever, the Defendants proceed to perform pile driving on the Offending Property and the
resulting vibrations from their pile driving and water caused further damage to my house which
necessitated another inspection by Mr. Chao. A true and accurate copy of the second engineer's
report, prepared and sealed on November 1, 2023, is annexed hereto as Exhibit F.
22. In addition, on November 1, 2023, the Defendants were cited with three summons
by the New York City Department of Buildings along with a Stop Work Order. See photocopies
of the summons and the Stop Work Order attached hereto as Exhibit G and Exhibit H, respectively.
23. On November 2, 2023, I was woked up by the Defendants trying to remove my
fence along the Boundary Line which necessitated a call to the Police Department and Officers
Ocasio and Caliendo showed up and provided me with their cards. Despite this warning from the
Police, the Defendants continue to threaten me and tell me that they will forcibly remove my fence.
24. This trespass and encroachment onto Plaintiff's Property and unlawful activities by
the Defendants are deliberate and intentional. and their unlawful use of force threatens the safety
Defendants'
of all who live in the Plaintiff's House as it is their residence. The threats to destroy
the foundation of Plaintiff's House would cause immediate and irreparable harm to Plaintiff.
25. As Defendants demonstrated by their actions in total disregard to the rights of
others, in particular the Plaintiff's, to trespass upon Plaintiff's Property and use unlawful force to
remove and destroy Plaintiff's fence on November 1, the Plaintiff is entitled to an order restraining
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the Defendants and a preliminary injunction against Defendants from performing such unlawful
trespass to destroy Plaintiff's property and causing irreparable damage to Plaintiff.
26. No previous application has been made for the relief requested for herein.
WHEREFORE, it is respectfully requested that Plaintiff's motion be granted in its entirety,
together with such other and further relief as this Court may deem just, proper and equitable.
Dated: November 2, 2023
Jo y Chen
Sworn to before me on the
2nd
day of November 2023
N c
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Preview
FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X Index No. HJ LINDEN LLC, Plaintiff, AFFIDAVIT OF - against - JOHNNY CHENG IN SUPPORT ABD LINDEN GROUP LLC, L2 CONSTRUCTION INC, and ZUNING LIN, Defendants. _______________________________________________________..-------__________Ç State of New York ) County of Queens ) s.s.: I, JOHNNY CHENG, being duly sworn, depose and state under penalty of perjury: 1. I am the member of HJ Linden LLC, Plaintiff in the above-captioned proceeding and am familiar with the facts of this case. 2. I submit this affidavit in support of Plaintiff's motion seeking, among other things, a temporary restraining order and preliminary injunction enjoining and restraining Defendants from continuing to trespass and encroach upon Plaintiff's property. This motion also seeks a temporary restraining order and preliminary injunction ordering Defendants to immediately cease all construction activities on the neighboring property, and enjoining and restraining them from causing further damage, injury and destruction of Plaintiff's property. STATEMENT OF FACTS 3. At all relevant times, Plaintiff is the fee owner of the real property located at 31-21 Linden Place, Flushing NY 11354 ("Plaintiff's Property"). A true and accurate copy of the current deed of record showing Plaintiff as the fee owner of the Plaintiff's Property is annexed hereto as Exhibit A. 1 of 5 FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023 4. The neighboring parcel of real property, located at 31-23/25 Linden Place, Flushing NY 11354 (the "Offending Property"), is owned by Defendant ABD LINDEN GROUP LLC (the "Defendant Owner"). A true and accurate copy of the current deed of record showing Defendant owner as owner of the Offending Property is annexed hereto as Exhibit B. 5. Plaintiff's Property and the Offending Property are contiguous to one another, such that the northerly boundary of Plaintiff's Property forms the southerly boundary of the Offending Property (the "Property Line"). A true and accurate copy of the survey dated January 12, 2015 indicating the boundaries of Plaintiff's Property is annexed hereto as Exhibit C. 6. On Plaintiff's Property is a two story framed house with cellar ("Plaintiff's House") which contains two occupied residences of two families who have occupied the premises since 2015 when Plaintiff's House on Plaintiff's Property were attached to the house on the Offending Property which Defendants demolished on or about 2022. 7. Until its demolition in late 2022 by the Defendants, the Offending Property also contained a similar two story framed house (the "Offending House") attached to Plaintiff's House. 8. At all relevant times, after Defendants demolished the house on the Offending Property which used to be attached to Plaintiff's House, Defendants left Plaintiff's House exposed. 9. Upon information and belief, the Defendant Owner now seek to construct a new six (6) story building on the Offending Property. 10. For the purpose, Defendant Owner has hired Defendant L2 Construction Inc. as general contractor. 11. Upon information and belief, Defendant Zuning Lin is the owner of L2 Construction Inc. and the person overseeing and directing the construction also known as the construction supervisor. 2 2 of 5 FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023 12. Prior to Defendant's work upon the Offending Property, the interior of Plaintiff's House had no cracks whatsoever, structural or cosmetic. 13. After Defendants demolish the Offending House, large structural cracks began to appear all throughout the concrete floor slab of the Plaintiff's House and on the load-bearing concrete walls nearest the Property Line. 14. I immediately retained a professional engineer, Mr, Hsin E. Chao, to inspect the damage and prepare a report analyzing the cause. 15. On October 6, 2023, Mr. Chao issued his report. A true and accurate copy of the engineer's report, prepared and sealed on October 6, 2023, is annexed hereto as Exhibit D. 16. The report found that there were multiple cracks on the surface of party wall on the property line and cracked local area causing leaking on interior walls of Plaintiff's House. In addition, the grading of the Offending Property after demolition were not graded correctly such that surface runoff is flowing to onto the rear year of Plaintiff's Property and into the Plaintiff's House cellar area causing damage including damage to the boiler room and storage room. 17. It also found that there were no crack meters, pre-construction survey or vibration monitoring reports. All indications that "omissions and errors by the contractor and design property." professions failed to safeguard adjacent 18. On or about October 19, 2023, Defendants threaten to destroy my foundation. See photocopies of text messages send by the Defendants attached hereto as Exhibit E. I was told by my engineer that my house was built around 1920 according to NYSDOB record and that Defendants threats of destroying my foundation is the equivalent of destroying my house. Defendants' 19. On or about October 23, 2023, I received a letter from attorney, the Li Law Group P.C. regarding the same and for access. 3 3 of 5 FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023 20. On or about October 25, 2023, my attorney sent a copy of Mr. Chao's report to Defendants' attorney, the Li Law Group P.C., outlining the need for protective safeguards and a copy of their construction plans so that a safety plan could be coordinated with my engineer. 21. On or about November 1, 2023, despite being notified of the need for protective safeguards to mitigate any further damage to my house and without any safeguards in place whatsoever, the Defendants proceed to perform pile driving on the Offending Property and the resulting vibrations from their pile driving and water caused further damage to my house which necessitated another inspection by Mr. Chao. A true and accurate copy of the second engineer's report, prepared and sealed on November 1, 2023, is annexed hereto as Exhibit F. 22. In addition, on November 1, 2023, the Defendants were cited with three summons by the New York City Department of Buildings along with a Stop Work Order. See photocopies of the summons and the Stop Work Order attached hereto as Exhibit G and Exhibit H, respectively. 23. On November 2, 2023, I was woked up by the Defendants trying to remove my fence along the Boundary Line which necessitated a call to the Police Department and Officers Ocasio and Caliendo showed up and provided me with their cards. Despite this warning from the Police, the Defendants continue to threaten me and tell me that they will forcibly remove my fence. 24. This trespass and encroachment onto Plaintiff's Property and unlawful activities by the Defendants are deliberate and intentional. and their unlawful use of force threatens the safety Defendants' of all who live in the Plaintiff's House as it is their residence. The threats to destroy the foundation of Plaintiff's House would cause immediate and irreparable harm to Plaintiff. 25. As Defendants demonstrated by their actions in total disregard to the rights of others, in particular the Plaintiff's, to trespass upon Plaintiff's Property and use unlawful force to remove and destroy Plaintiff's fence on November 1, the Plaintiff is entitled to an order restraining 4 4 of 5 FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/17/2023 the Defendants and a preliminary injunction against Defendants from performing such unlawful trespass to destroy Plaintiff's property and causing irreparable damage to Plaintiff. 26. No previous application has been made for the relief requested for herein. WHEREFORE, it is respectfully requested that Plaintiff's motion be granted in its entirety, together with such other and further relief as this Court may deem just, proper and equitable. Dated: November 2, 2023 Jo y Chen Sworn to before me on the 2nd day of November 2023 N c 5 5 of 5