Preview
FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTY OF QUEENS
----------------------------------------------------------------------X Index No. 716902/23
FRC VTX ASSETS, LLC,
Plaintiff,
AFFIRMATION IN
- against - SUPPORT OF
MOTION TO
2018 LI-LIN REALTY LLC, JIE LI, CK REAL ESTATE, DISMISS
L.L.C., NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, NEW YORK CITY
ENVIRONMENT CONTROL BOARD, NEW YORK
CITY DEPARTMENT OF FINANCE, CITY OF NEW
YORK,
#1" #100,"
'"JOHN DOE through "JOHN DOE the last one
hundred names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons or corporations, if any, having or claiming an
interest in or lien upon the premises, described in the
complaint,
Defendants.
-------------------------------------_____----------------------------Ç
VICTOR TSAI, ESQ., an attorney duly admitted to practice before the Courts of the
State of New York affirms pursuant to C.P.L.R. Rule 2106 as follows:
1. I am the attorney and counsel for defendants 2018 LI-LIN REALTY LLC and
JIE LI (hereinafter, "Defendants") in the herein action.
Defendants'
2. I submit this affirmation in support of motion to dismiss the
Complaint (NYSCEF Doc. No. 1) on the grounds that:
(i) the Plaintiff has no standing to bring this action given that the note(s) [the
1"
revolving loan of $500,000 referred to as "Note in the Complaint (NYSCEF Doc. No.
2"
1) and the construction loan of $1,300,000 referred to as "Note in the Complaint
(NYSCEF Doc. No. 1), collectively "note(s)"] are still with the original lender, Flatiron
Realty Capital LLC, because Flatiron Realty Capital LLC still collects the monthly
mortgage loan payments from Defendants, Flatiron Realty Capital LLC never notified
Defendants that the notes or loan was transferred to Plaintiff, and Flatiron Realty Capital
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FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023
LLC have provided the Defendants with a payoff statement of the loan given that the
is its maturity. See Affidavit of Jie Li along with photocopies of the
note(s) reaching
installment payment amount attached as Exhibit 1, Loan Transaction History
monthly
attached as Exhibit 2, recent monthly installment payment attached as Exhibit 3, and
statement*
payoff attached hereto as Exhibit 4;
(ii) that the Complaint fails to state a cause of action given that the Defendants
have paid and continue to pay its monthly installment to Flatiron Realty Capital LLC and
there was never lapse in monthly loan payments by the Defendants nor did Defendants
receive any notice from Flatiron Realty Capital LLC of any assignment of the note(s) to
Plaintiff, and most important, Flatiron Realty Capital LLC is still collecting the mortgage
payments from Defendants; (iii) there was never any notice to Defendants of any default
under the loan by Flatiron Realty Capital LLC and given that Flatiron Realty Capital LLC
is still collecting the mortgage payments and still holding the $1,300,000 construction
loan in escrow which it has never given to the Defendants. See payoff statement attached
as Exhibit 4 and the loan Settlement Statement attached as Exhibit 5;
(iii) given that Plaintiff is suing Defendants for the $1,300,000 held in escrow by
Flatiron Realty Capital LLC which was never released to Defendants from its escrow,
Flatiron Realty Capital LLC is an indispensable party to the herein action and in matter
should be dismissed as Plaintiff failed to name Flatiron Realty Capital LLC as a party
herein; and
(iv) this Complaint should be dismissed given that Plaintiff having unclean hands
in commencing this frivolous action, making false accusations that Defendants owe
*
Disputed given the absurd charges contained therein, i.e., $18,000 for CEMA and $82,687 for accrued
default interest when there was never a missed monthly payment.
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023
monies on the Note 2 for the sum of $1,300,000 when it is held in escrow by Flatiron
Realty Capital LLC and committing a fraud herein given that Plaintiff, upon information
and belief, are the alter egos of Flatiron Realty Capital LLC such that Plaintiff's Notice of
Electronic Filing (NYSECF Doc. No. 16) states Flatiron Realty Capital LLC as the
plaintiff on the caption. In addition, there was no notice to cure to Defendants of any
default, monetary or otherwise, given to the Defendants by Flatiron Realty Capital LLC
or Plaintiff. Therefore, Defendants respectfully request a hearing to determine the
amount of sanctions that should be imposed upon the Plaintiff for filing this frivolous
attorneys'
lawsuit and for awarding Defendants fees and costs in defending this action.
3. No previous request for relief was made to this Court.
Wherefore, Defendants respectfully request an order dismissing the herein
Complaint, for a hearing to detennine the amount of sanctions to be imposed upon
attorneys'
Plaintiff for filing this frivolous lawsuit and for fees and costs along with any
other and further relief this Court deems just and proper.
Dated: Queens, New York
September 7, 2023
Victor Tsai
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FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023
ATTORNEY CERTIFICATION PURSUANT TO COMMERICAL DIVISION RULE 17
I, Victor Tsai, Esq., an attorney duly admitted to practice law before the courts of the State of New
defendants'
York, hereby certify that this affidavit in opposition to plaintiff s motion & in support of
motion to dismiss the complaint complies with the word count limit set forth in Rule 17 of the Commercial
Division of the Supreme Court (22 NYCRR 202.70(g)) because it contains 871 words, excluding the parts
of the affirmation exempted by Rule 17. In preparing this certification, I have relied on the word count of
the word-processing system used to prepare this document.
Dated: September 7, 2023
Victor Tsai
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Preview
FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTY OF QUEENS ----------------------------------------------------------------------X Index No. 716902/23 FRC VTX ASSETS, LLC, Plaintiff, AFFIRMATION IN - against - SUPPORT OF MOTION TO 2018 LI-LIN REALTY LLC, JIE LI, CK REAL ESTATE, DISMISS L.L.C., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENT CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, CITY OF NEW YORK, #1" #100," '"JOHN DOE through "JOHN DOE the last one hundred names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. -------------------------------------_____----------------------------Ç VICTOR TSAI, ESQ., an attorney duly admitted to practice before the Courts of the State of New York affirms pursuant to C.P.L.R. Rule 2106 as follows: 1. I am the attorney and counsel for defendants 2018 LI-LIN REALTY LLC and JIE LI (hereinafter, "Defendants") in the herein action. Defendants' 2. I submit this affirmation in support of motion to dismiss the Complaint (NYSCEF Doc. No. 1) on the grounds that: (i) the Plaintiff has no standing to bring this action given that the note(s) [the 1" revolving loan of $500,000 referred to as "Note in the Complaint (NYSCEF Doc. No. 2" 1) and the construction loan of $1,300,000 referred to as "Note in the Complaint (NYSCEF Doc. No. 1), collectively "note(s)"] are still with the original lender, Flatiron Realty Capital LLC, because Flatiron Realty Capital LLC still collects the monthly mortgage loan payments from Defendants, Flatiron Realty Capital LLC never notified Defendants that the notes or loan was transferred to Plaintiff, and Flatiron Realty Capital 1 of 4 FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023 LLC have provided the Defendants with a payoff statement of the loan given that the is its maturity. See Affidavit of Jie Li along with photocopies of the note(s) reaching installment payment amount attached as Exhibit 1, Loan Transaction History monthly attached as Exhibit 2, recent monthly installment payment attached as Exhibit 3, and statement* payoff attached hereto as Exhibit 4; (ii) that the Complaint fails to state a cause of action given that the Defendants have paid and continue to pay its monthly installment to Flatiron Realty Capital LLC and there was never lapse in monthly loan payments by the Defendants nor did Defendants receive any notice from Flatiron Realty Capital LLC of any assignment of the note(s) to Plaintiff, and most important, Flatiron Realty Capital LLC is still collecting the mortgage payments from Defendants; (iii) there was never any notice to Defendants of any default under the loan by Flatiron Realty Capital LLC and given that Flatiron Realty Capital LLC is still collecting the mortgage payments and still holding the $1,300,000 construction loan in escrow which it has never given to the Defendants. See payoff statement attached as Exhibit 4 and the loan Settlement Statement attached as Exhibit 5; (iii) given that Plaintiff is suing Defendants for the $1,300,000 held in escrow by Flatiron Realty Capital LLC which was never released to Defendants from its escrow, Flatiron Realty Capital LLC is an indispensable party to the herein action and in matter should be dismissed as Plaintiff failed to name Flatiron Realty Capital LLC as a party herein; and (iv) this Complaint should be dismissed given that Plaintiff having unclean hands in commencing this frivolous action, making false accusations that Defendants owe * Disputed given the absurd charges contained therein, i.e., $18,000 for CEMA and $82,687 for accrued default interest when there was never a missed monthly payment. 2 2 of 4 FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023 monies on the Note 2 for the sum of $1,300,000 when it is held in escrow by Flatiron Realty Capital LLC and committing a fraud herein given that Plaintiff, upon information and belief, are the alter egos of Flatiron Realty Capital LLC such that Plaintiff's Notice of Electronic Filing (NYSECF Doc. No. 16) states Flatiron Realty Capital LLC as the plaintiff on the caption. In addition, there was no notice to cure to Defendants of any default, monetary or otherwise, given to the Defendants by Flatiron Realty Capital LLC or Plaintiff. Therefore, Defendants respectfully request a hearing to determine the amount of sanctions that should be imposed upon the Plaintiff for filing this frivolous attorneys' lawsuit and for awarding Defendants fees and costs in defending this action. 3. No previous request for relief was made to this Court. Wherefore, Defendants respectfully request an order dismissing the herein Complaint, for a hearing to detennine the amount of sanctions to be imposed upon attorneys' Plaintiff for filing this frivolous lawsuit and for fees and costs along with any other and further relief this Court deems just and proper. Dated: Queens, New York September 7, 2023 Victor Tsai 3 3 of 4 FILED: QUEENS COUNTY CLERK 09/08/2023 10:33 PM INDEX NO. 716902/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 09/08/2023 ATTORNEY CERTIFICATION PURSUANT TO COMMERICAL DIVISION RULE 17 I, Victor Tsai, Esq., an attorney duly admitted to practice law before the courts of the State of New defendants' York, hereby certify that this affidavit in opposition to plaintiff s motion & in support of motion to dismiss the complaint complies with the word count limit set forth in Rule 17 of the Commercial Division of the Supreme Court (22 NYCRR 202.70(g)) because it contains 871 words, excluding the parts of the affirmation exempted by Rule 17. In preparing this certification, I have relied on the word count of the word-processing system used to prepare this document. Dated: September 7, 2023 Victor Tsai 4 4 of 4