On November 16, 2023 a
Motion-Secondary
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 01/18/2024 03:56 AM INDEX NO. 724476/2023
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 01/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------x
HJ LINDEN LLC,
Plaintiff/Petitioner, Index No.: 724476/2023
SECOND
SUPPLEMENTAL
- against - AFFIRMATION IN
OPPOSITION
ABD LINDEN GROUP LLC, et al.,
Respondents/Defendants.
------------------------------------------------------------------------x
David A. Kaplan, Esq., attorney duly admitted to practice law before the courts of the
State of New York, hereby states and alleges under the penalties of law, as follows:
1. I am attorney for respondent ABD LINDEN GROUP LLC in this matter and, as such, I
am fully familiar with the facts and circumstances herein.
2. I make this second supplemental affirmation in opposition to the injunction that was put
in place at the outset of this proceeding but that has no basis to continue under the law.
3. The injunction must be lifted. Plaintiff has been able through this process hold up legal,
licensed, DOB permitted, and insured construction on its own land.
4. This injunction jeopardizes the entire financial survival of the project and in fact the
safety of plaintiff’s property by holding up the very construction that could shore up and
underpin the party wall shared by the parties.
5. Defendants have permits issued by NYC DOB and NYC DOB has never issued a stop-
work permit despite several DOB inspections and plan reviews prompted by plaintiff in
bad faith.
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FILED: QUEENS COUNTY CLERK 01/18/2024 03:56 AM INDEX NO. 724476/2023
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 01/18/2024
6. Defendants have offered for weeks to collaborate with plaintiff on a license agreement
but plaintiff’s only response is to demand that defendant move three feet back into its
own property, thus, taking defendant’s land without compensation.
7. This is egregious because anyone has every right to build up to the property line of
another as long as DOB has approved its plans.
8. If any damage occurs, defendant has insurance and has named plaintiff as an additional
insured. If any damage occurs, there is insurance to cover it.
9. Contrary to plaintiff’s position, there is no danger to plaintiff’s property and plaintiff’s
real goal is to disrupt defendant’s construction project for as long as it can in the hopes of
forcing defendant to change those plans (at the cost of hundreds of thousands of dollars).
10. If there was any issue with defendant’s plans, NYC DOB would be the entity responsible
for stopping construction, not plaintiff.
11. The honorable court, by leaving this ill-founded injunction in place, is simply
encouraging plaintiff’s conduct.
12. I have demonstrated repeatedly that plaintiff’s counsel does not cooperate or collaborate
with me. Plaintiff’s counsel did not even appear at the return date of this original motion.
13. Plaintiff’s counsel has not returned my emails.
14. Plaintiff’s counsel did not make changes to the proposed license agreement or called me
to discuss this matter despite my repeated attempts to reach him.
15. This injunction has never been the subject of a hearing. It is plaintiff’s obligation to
prove through competent evidence its entitlement to such an injunction.
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FILED: QUEENS COUNTY CLERK 01/18/2024 03:56 AM INDEX NO. 724476/2023
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 01/18/2024
16. I respectfully request that the injunction in this matter be lifted so that defendant can
finish its work at the premises and that the proposed license agreement drafted by
plaintiff be approved or adopted with revisions by the court.
Dated: New York, NY
January 17, 2024
/s/ David A. Kaplan
________________________________
DAVID A. KAPLAN, ESQ.
Attorney for Defendant ABD LINDEN GROUP LLC
225 West 25th Street 6F
New York, NY 10001
(917) 208-2105
davekaplannyc@aol.com
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Document Filed Date
January 18, 2024
Case Filing Date
November 16, 2023
Category
Torts - Other Negligence (PROPERTY DAMAGE)
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FILED: QUEENS COUNTY CLERK 01/18/2024 03:56 AM INDEX NO. 724476/2023 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 01/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x HJ LINDEN LLC, Plaintiff/Petitioner, Index No.: 724476/2023 SECOND SUPPLEMENTAL - against - AFFIRMATION IN OPPOSITION ABD LINDEN GROUP LLC, et al., Respondents/Defendants. ------------------------------------------------------------------------x David A. Kaplan, Esq., attorney duly admitted to practice law before the courts of the State of New York, hereby states and alleges under the penalties of law, as follows: 1. I am attorney for respondent ABD LINDEN GROUP LLC in this matter and, as such, I am fully familiar with the facts and circumstances herein. 2. I make this second supplemental affirmation in opposition to the injunction that was put in place at the outset of this proceeding but that has no basis to continue under the law. 3. The injunction must be lifted. Plaintiff has been able through this process hold up legal, licensed, DOB permitted, and insured construction on its own land. 4. This injunction jeopardizes the entire financial survival of the project and in fact the safety of plaintiff’s property by holding up the very construction that could shore up and underpin the party wall shared by the parties. 5. Defendants have permits issued by NYC DOB and NYC DOB has never issued a stop- work permit despite several DOB inspections and plan reviews prompted by plaintiff in bad faith. 1 1 of 3 FILED: QUEENS COUNTY CLERK 01/18/2024 03:56 AM INDEX NO. 724476/2023 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 01/18/2024 6. Defendants have offered for weeks to collaborate with plaintiff on a license agreement but plaintiff’s only response is to demand that defendant move three feet back into its own property, thus, taking defendant’s land without compensation. 7. This is egregious because anyone has every right to build up to the property line of another as long as DOB has approved its plans. 8. If any damage occurs, defendant has insurance and has named plaintiff as an additional insured. If any damage occurs, there is insurance to cover it. 9. Contrary to plaintiff’s position, there is no danger to plaintiff’s property and plaintiff’s real goal is to disrupt defendant’s construction project for as long as it can in the hopes of forcing defendant to change those plans (at the cost of hundreds of thousands of dollars). 10. If there was any issue with defendant’s plans, NYC DOB would be the entity responsible for stopping construction, not plaintiff. 11. The honorable court, by leaving this ill-founded injunction in place, is simply encouraging plaintiff’s conduct. 12. I have demonstrated repeatedly that plaintiff’s counsel does not cooperate or collaborate with me. Plaintiff’s counsel did not even appear at the return date of this original motion. 13. Plaintiff’s counsel has not returned my emails. 14. Plaintiff’s counsel did not make changes to the proposed license agreement or called me to discuss this matter despite my repeated attempts to reach him. 15. This injunction has never been the subject of a hearing. It is plaintiff’s obligation to prove through competent evidence its entitlement to such an injunction. 2 2 of 3 FILED: QUEENS COUNTY CLERK 01/18/2024 03:56 AM INDEX NO. 724476/2023 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 01/18/2024 16. I respectfully request that the injunction in this matter be lifted so that defendant can finish its work at the premises and that the proposed license agreement drafted by plaintiff be approved or adopted with revisions by the court. Dated: New York, NY January 17, 2024 /s/ David A. Kaplan ________________________________ DAVID A. KAPLAN, ESQ. Attorney for Defendant ABD LINDEN GROUP LLC 225 West 25th Street 6F New York, NY 10001 (917) 208-2105 davekaplannyc@aol.com 3 3 of 3