Document for Pornsuree Suriyong Guzman As Administrator Of The Estate Of Thitiphan Suriyong, Individually And Derivatively As A 35% Shareholder Of Up Thai Corp. v. Up Thai Corp. D/B/A Thung Thong 181, Jirapat Puttanawong, Jitlada Soipetch, Darin Thai Llc D/B/A 888 Hudson Thai

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                                FILED: NEW YORK COUNTY CLERK 12/14/2023 04:57 PM                                                                   INDEX NO. 651764/2023
NYSCEF DOC. NO. 18                                                                                           RECEIVED NYSCEF: 12/14/2023



                                 SUPREME COURT OF THE STATE OF NEW YORK
                                           NEW YORK COUNTY
          PRESENT:             HON. LYLE E. FRANK                                              PART                              11M
                                                                                    Justice
          ---------------------------------------------------------------------------------X   INDEX NO.          651764/2023
           PORNSUREE SURIYONG GUZMAN AS ADMINISTRATOR
           OF THE ESTATE OF THITIPHAN SURIYONG,                                                MOTION DATE             N/A
           INDIVIDUALLY AND DERIVATIVELY AS A 35%
           SHAREHOLDER OF UP THAI CORP.,                                                       MOTION SEQ. NO.         001

                                                       Plaintiff,

                                               -v-
                                                                                                 DECISION + ORDER ON
           UP THAI CORP. D/B/A THUNG THONG 181, JIRAPAT
           PUTTANAWONG, JITLADA SOIPETCH, DARIN THAI LLC                                               MOTION
           D/B/A 888 HUDSON THAI

                                                       Defendant.
          ---------------------------------------------------------------------------------X

          The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10,
          11, 12, 13, 14, 15, 16, 17
          were read on this motion to/for                                                        DISMISS                         .

                    Upon the foregoing documents, the motion for partial dismissal is denied. Viewing the

          pleadings in the light most favorable to the plaintiff, the Court finds that the pleadings are

          sufficient. The complaint to this Court sufficiently provides the detail of the alleged scheme that

          defendants undertook to defraud the plaintiff. Moreover, as to the constructive fraud cause of

          action, the Court agrees with plaintiff that judging the complaint in the light most favorable to

          the plaintiff and giving plaintiff all favorable inferences, plaintiff would be considered a creditor

          for purposes of the property interest at stake.

                    The foregoing constitutes the Decision and Order of the Court.




           651764/2023 PORNSUREE SURIYONG GUZMAN AS ADMINISTRATOR OF THE ESTATE OF                                 Page 1 of 2
           THITIPHAN SURIYONG, INDIVIDUALLY AND DERIVATIVELY AS A 35% SHAREHOLDER OF UP
           THAI CORP. vs. UP THAI CORP. D/B/A THUNG THONG 181 ET AL
           Motion No. 001


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FILED: NEW YORK COUNTY CLERK 12/14/2023 04:57 PM                                                  INDEX NO. 651764/2023
NYSCEF DOC. NO. 18                                                                          RECEIVED NYSCEF: 12/14/2023




                 12/14/2023
                   DATE                                                          LYLE E. FRANK, J.S.C.
          CHECK ONE:                 CASE DISPOSED                  X   NON-FINAL DISPOSITION

                                     GRANTED          X    DENIED       GRANTED IN PART             OTHER

          APPLICATION:               SETTLE ORDER                       SUBMIT ORDER

          CHECK IF APPROPRIATE:      INCLUDES TRANSFER/REASSIGN         FIDUCIARY APPOINTMENT       REFERENCE




          651764/2023 PORNSUREE SURIYONG GUZMAN AS ADMINISTRATOR OF THE ESTATE OF                 Page 2 of 2
          THITIPHAN SURIYONG, INDIVIDUALLY AND DERIVATIVELY AS A 35% SHAREHOLDER OF UP
          THAI CORP. vs. UP THAI CORP. D/B/A THUNG THONG 181 ET AL
          Motion No. 001


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