On November 16, 2023 a
Request,Application
was filed
involving a dispute between
Hj Linden Llc,
and
Abd Linden Group Llc,
Feng Zhang
Dba Focal Point Architects & Ass P.C.,
L2 Construction Inc,
Zuning Lin,
for Torts - Other Negligence (PROPERTY DAMAGE)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------X Index No.: 724476/2023
HJ LINDEN LLC,
EMERGENCY
Plaintiff, AFFIRMATION
- against -
ABD LINDEN GROUP LLC,
L2 CONSTRUCTION INC,
ZUNING LIN, and
FENG ZHANG dba
FOCAL POINT ARCHITECTS & ASS P.C.,
Defendants.
__________________________________________________________________Ç
STATE OF NEW YORK )
COUNTY OF QUEENS )ss:
VICTOR TSAI, ESQ., an attorney duly licensed to practice law in the State of New
York hereby sets forth the following as true under penalty of perjury:
1. I am the attorney for Plaintiff HJ LINDEN LLC. I am familiar with the facts
herein and submit this emergency affirmation in support of Plaintiff's motion
seeking, among other things, a temporary restraining order and preliminary
injunction enjoining and restraining Defendants from continuing to damage,
injure and destroy Plaintiff's Property, the Adjacent Wall and party wall. This
motion also seeks a temporary restraining order and preliminary injunction
ordering Defendants to immediately cease and desist all excavation, pile driving
and other earthworks operation on the adjacent property, and enjoining and
restraining them from causing further damage, injury and destruction of
Plaintiff's property.
Defendants'
2. As clearly demonstrated in these motion papers, demolition,
excavation and pile driving activities have caused catastrophic damage to
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FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/17/2023
Plaintiff's House and Property, which require immediate inspection and repair of
the structural elements (party wall and Adjacent Wall).
3. The motion papers also clearly demonstrate that the Defendants intentionally
caused damage to the party wall and have total disregard for both the integrity of
Defendants'
the party wall and that of the Adjacent Wall. malice intent is
motivated by having the New Building constructed right upon the Property Line
with total disregard to the party wall upon which the foundations of both the prior
house on Defendant's Property which was demolished and Plaintiff's House and
Plaintiff's easement over Defendant's Property for the party wall.
4. Given that the damage is intentionally, willfully and maliciously done, and
as of today Defendants are still pile driving on Defendant's Property despite the
Stop Work Order, it is a near certainty that Plaintiff's Property and Plaintiff's
House could collapse before any remediation work can begin.
5. There has been no prior request to this or any other Court for the relief sought
herein.
Dated: November 17, 2023
ictor Tsai
orney for Plaintiff
HJ LINDEN LLC
Queens Office and Post Address
3720 Prince Street, Suite 3F
Flushing, New York 11354
Direct: (212) 625-9028
Email: ourlawyers@amail.com
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Document Filed Date
November 17, 2023
Case Filing Date
November 16, 2023
Category
Torts - Other Negligence (PROPERTY DAMAGE)
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Preview
FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------X Index No.: 724476/2023 HJ LINDEN LLC, EMERGENCY Plaintiff, AFFIRMATION - against - ABD LINDEN GROUP LLC, L2 CONSTRUCTION INC, ZUNING LIN, and FENG ZHANG dba FOCAL POINT ARCHITECTS & ASS P.C., Defendants. __________________________________________________________________Ç STATE OF NEW YORK ) COUNTY OF QUEENS )ss: VICTOR TSAI, ESQ., an attorney duly licensed to practice law in the State of New York hereby sets forth the following as true under penalty of perjury: 1. I am the attorney for Plaintiff HJ LINDEN LLC. I am familiar with the facts herein and submit this emergency affirmation in support of Plaintiff's motion seeking, among other things, a temporary restraining order and preliminary injunction enjoining and restraining Defendants from continuing to damage, injure and destroy Plaintiff's Property, the Adjacent Wall and party wall. This motion also seeks a temporary restraining order and preliminary injunction ordering Defendants to immediately cease and desist all excavation, pile driving and other earthworks operation on the adjacent property, and enjoining and restraining them from causing further damage, injury and destruction of Plaintiff's property. Defendants' 2. As clearly demonstrated in these motion papers, demolition, excavation and pile driving activities have caused catastrophic damage to 1 of 2 FILED: QUEENS COUNTY CLERK 11/17/2023 05:03 PM INDEX NO. 724476/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/17/2023 Plaintiff's House and Property, which require immediate inspection and repair of the structural elements (party wall and Adjacent Wall). 3. The motion papers also clearly demonstrate that the Defendants intentionally caused damage to the party wall and have total disregard for both the integrity of Defendants' the party wall and that of the Adjacent Wall. malice intent is motivated by having the New Building constructed right upon the Property Line with total disregard to the party wall upon which the foundations of both the prior house on Defendant's Property which was demolished and Plaintiff's House and Plaintiff's easement over Defendant's Property for the party wall. 4. Given that the damage is intentionally, willfully and maliciously done, and as of today Defendants are still pile driving on Defendant's Property despite the Stop Work Order, it is a near certainty that Plaintiff's Property and Plaintiff's House could collapse before any remediation work can begin. 5. There has been no prior request to this or any other Court for the relief sought herein. Dated: November 17, 2023 ictor Tsai orney for Plaintiff HJ LINDEN LLC Queens Office and Post Address 3720 Prince Street, Suite 3F Flushing, New York 11354 Direct: (212) 625-9028 Email: ourlawyers@amail.com 2 2 of 2