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FILED: QUEENS COUNTY CLERK 03/26/2024 03:49 PM INDEX NO. 706482/2024
700982/2029
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NO.
NYSCEF
FILED
DOC.
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NO.ENS
1 COUNTY CLERK : RECEIVED NYSCEF: 03/26/2024
RECEIVED NYSCEF: 03/2E/2024
NYSCEF DOC. NO. 185
' FILED'
Short Form Order 3/11/2024
COUNTY CLÓRK
NEW YORK SUPREME COURT - QUEENS COUNTY 3QUEENS COUNTY,
Present: HONORABLE ANNA CULLEY IA Part 27
Justice
______-----------------------------------------------------------X
WAIKEUNG TSANG, SHIANG HO, JIN XIA JIANG Index
and CHARLES GUAN, Number 710998 2019
Plaintiffs, Motion
Dates June 6, 2023
-against-
Mot Seq. Nos. 12 & 14
114-08 TAIPEl INC., WING FUNG CHAU a/k/a
ANDY CHAU, KUAN CHEN a/k/a KUEN CHAN,
XIU QUIN SHI a/k/a AMY SHI, SALENA CHAU,
and WING FUNG HOME REALTY GROUP, INC.,
Defendants.
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The following numbered papers read on these separate motions by plaintiffs for an
order 1) Pursuant to CPLR 603 severing this action as to plaintiffs Waikeung Tsang and
Shiang Ho to allow them to proceed with the inquest against the defaulting defendants, and
by Victor Tsai, Esq., counsel for defendants 114-08 Taipei Inc. and Wing Fung Chau a/k/a
Andy Chau, for an order 1) Pursuant to CPLR 321, permitting Victor Tsai, Esq. to withdraw
as attorney of record for defendants 1 14-08 Taipei Inc. and Wing Fung Chau a/k/a Andy
Chau for all purposes, in connection with the herein action; 2) staying all proceedings in the
action for a period of thirty (30) days following service of Notice of Entry of an Order
permitting Victor Tsai, Esq. to withdraw as attorney so as to allow the defendants 114-04
Taipei Inc. and Wing Fung Chau a/k/a Andy Chau to seek counsel.
Papers
Numbered
00'01t$ Notice of Motion - AfúMlVits - Exhibits 12).................................. EF 401-406
(Seq
Ç3Æffidavits - Exhibits 14).......................... EF
9Ç psp (Seq 411-413;
(C30NI1NO3 9 33NV8
3 nos v sN EF420; EF423-424
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Upon the foregoing papers, it is ordered that the unopposed motions are consolidated
and determined as follows:
Pursuant to CPLR 603, the court may order a severance of claims in furtherance of
convenience or to avoid prejudice. "While the granting of a motion for consolidation or joint
trial hinges upon a finding of common issues of law or fact, the granting of severance
commonality."
generally depends upon an absence of such (Herskovitzv Klein, 91 AD3d
598, 599 [2d Dept 20I2].)
Here, the causes of action asserted by plaintiffs Waikeung Tsang and Shiang Ho
against defendants in this action, although based on a similar fact pattern and claims, concern
a separate real property, that is, 1 14-03 Taipei Court, and a separate contract. Moreover, in
movants'
light of partial stipulation of discontinuance against defendant Kuan Chen a/k/a
Chan'
Kuen and default judgment against the remaining defendants, 1 14-08 Taipei Inc.,
Wing Fung Chau a/k/a Andy Chau, Xiu Qin Shi a/k/a Amy Shi, Salena Chau, and Wing Fung
Inc.,2 convenience" prejudice"
Home Realty Group, and in "furtherance of and "to avoid
(CPLR 603), it is
plaintiffs'
ORDERED that motion to sever this action as to plaintiffs Waikeung
Tsang and Shiang Ho to allow them to proceed with the inquest against the defaulting
defendants, I I4-08 Taipei Inc., Chau a/k/a Chau, Xiu Qin Shi a/k/a
Wing Fung Andy Amy
Shi, Salena Chau, and Wing Fung Home Realty Group, inc., is granted; and it is further
ORDERED that the title of the instant action shall be amended as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------X Index No. 710998/2019
JIN XIA JIANG and CHARLES GUAN,
Plaintiffs,
- against -
1 14-08 TAIPEl INC., WING FUNG CHAU a/k/a
ANDY CHAU, KUAN CHEN a/k/a KUEN CHAN,
XIU QUIN SHI a/k/a AMY SHI, SALENA CHAU,
1See Exhibit D (Doc EF 406).
2See Exhibit A (Doc EF 403).
2
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and WING FUNG HOME REALTY GROUP, INC.,
Defendants.
_____-_____________________________________________________Ç
and, it is further
ORDERED that the Clerk of the Supreme Court, Queens County, upon being served
with a copy of this order with notice of entry and payment of any required fees, is directed
to sever the causes of action of plaintiffs Waikeung Tsang and Shiang Ho asserted against
defendants 114-08 Taipei Inc., Wing Fung Chau a/k/a Andy Chau, Xiu Qin Shi a/k/a Amy
Shi, Salena Chau, and Wing Fung Home Realty Group, Inc. and to transfer all papers filed
in this action as they pertain to plaintiffs Waikeung Tsang and Shiang Ho, and upon said
plaintiffs'
purchase of a new Index Number, to assign a Queens County Index Number to the
order.3
file transferred pursuant to this
It is further
ORDERED that the application by Victor Tsai, Esq., counsel for defendants 114-08
TaipeiInc. and Wing Fung Chau a/k/a Andy Chau, for leave to withdraw as counsel pursuant
to CPLR 321 (b) (2) is granted without opposition, and Victor Tsai, Esq. is relieved as
counsel for defendants 1 14-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau in both this
and the severed action.
The instant action shall be stayed for a period of thirty (30) days from the date of
service of this order with notice of entry, by certified mail, return receipt requested upon
defendants 114-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau, and by regular mail
upon all plaintiffs, and co-defendants and/or their counsel, if represented, or by filing on
NYSCEF if said parties and/or counsel are participating thereon, to afford defendants 114-08
Taipei Inc. and Wing Fung Chau a/k/a Andy Chau an opportunity to retain new counsel, if
so desired. Movant counsel is further directed to file proof of such service.
Movant counsel is further directed to file a copy of this order with notice of entry in
the severed action under its Index Number, once assigned, as well as, proof of service as
3Since plainti f f s , in their s econd amended complaint ( see
Exhibit B [Doc EF 404]), allege that plaintiff Shiang Ho
currently is the legal guardian with power of attorney for her
husband, plainti f f Waikeung Tsang, plainti f f s should make an
application in that severed action under its new Index Number, to
amend the caption to reflect same.
3
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directed above. The severed action shall be stayed for a period of thirty (30) days after such
filing.
Movant is not relieved from the applicable provisions of CPLR 2220 and 202.5-b (h)
(2) of the Uniform Rules of Supreme and County Courts insofar as it relates to service and
notice of entry of the filed document upon all other parties to the action/proceeding, whether
accomplished by mailing or electronic means, whichever may be appropriate dependent upon
the filing status of the party.
The foregoing constitutes the decision and order of this court.
ANNA CULLEY,Ó.S.C.
Dated: March 8, 2024
FILED
3/11/2024
COUNTY CL K
4
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FILED: QUEENS COUNTY CLERK 03/26/2024 03:49 PM INDEX NO. 706482/2024 700982/2029 INDEX NO. NYSCEF FILED DOC. : NO.ENS 1 COUNTY CLERK : RECEIVED NYSCEF: 03/26/2024 RECEIVED NYSCEF: 03/2E/2024 NYSCEF DOC. NO. 185 ' FILED' Short Form Order 3/11/2024 COUNTY CLÓRK NEW YORK SUPREME COURT - QUEENS COUNTY 3QUEENS COUNTY, Present: HONORABLE ANNA CULLEY IA Part 27 Justice ______-----------------------------------------------------------X WAIKEUNG TSANG, SHIANG HO, JIN XIA JIANG Index and CHARLES GUAN, Number 710998 2019 Plaintiffs, Motion Dates June 6, 2023 -against- Mot Seq. Nos. 12 & 14 114-08 TAIPEl INC., WING FUNG CHAU a/k/a ANDY CHAU, KUAN CHEN a/k/a KUEN CHAN, XIU QUIN SHI a/k/a AMY SHI, SALENA CHAU, and WING FUNG HOME REALTY GROUP, INC., Defendants. -----------------------------------------------------------------X The following numbered papers read on these separate motions by plaintiffs for an order 1) Pursuant to CPLR 603 severing this action as to plaintiffs Waikeung Tsang and Shiang Ho to allow them to proceed with the inquest against the defaulting defendants, and by Victor Tsai, Esq., counsel for defendants 114-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau, for an order 1) Pursuant to CPLR 321, permitting Victor Tsai, Esq. to withdraw as attorney of record for defendants 1 14-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau for all purposes, in connection with the herein action; 2) staying all proceedings in the action for a period of thirty (30) days following service of Notice of Entry of an Order permitting Victor Tsai, Esq. to withdraw as attorney so as to allow the defendants 114-04 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau to seek counsel. Papers Numbered 00'01t$ Notice of Motion - AfúMlVits - Exhibits 12).................................. EF 401-406 (Seq Ç3Æffidavits - Exhibits 14).......................... EF 9Ç psp (Seq 411-413; (C30NI1NO3 9 33NV8 3 nos v sN EF420; EF423-424 1 of 4 1 of 4 FILED: QUEENS COUNTY CLERK 03/26/2024 03:49 PM INDEX NO. 706482/2024 NO. 700988/2029 INDEX NYSCEF FILED: DOC. NO. 1 UEENS COUNTY CLERK 3 4 : RECEIVED NYSCEF: 03/26/2024 RECEIVED NYSCEF: 03/2E/2024 NYSCEF DOC. NO. 385 Upon the foregoing papers, it is ordered that the unopposed motions are consolidated and determined as follows: Pursuant to CPLR 603, the court may order a severance of claims in furtherance of convenience or to avoid prejudice. "While the granting of a motion for consolidation or joint trial hinges upon a finding of common issues of law or fact, the granting of severance commonality." generally depends upon an absence of such (Herskovitzv Klein, 91 AD3d 598, 599 [2d Dept 20I2].) Here, the causes of action asserted by plaintiffs Waikeung Tsang and Shiang Ho against defendants in this action, although based on a similar fact pattern and claims, concern a separate real property, that is, 1 14-03 Taipei Court, and a separate contract. Moreover, in movants' light of partial stipulation of discontinuance against defendant Kuan Chen a/k/a Chan' Kuen and default judgment against the remaining defendants, 1 14-08 Taipei Inc., Wing Fung Chau a/k/a Andy Chau, Xiu Qin Shi a/k/a Amy Shi, Salena Chau, and Wing Fung Inc.,2 convenience" prejudice" Home Realty Group, and in "furtherance of and "to avoid (CPLR 603), it is plaintiffs' ORDERED that motion to sever this action as to plaintiffs Waikeung Tsang and Shiang Ho to allow them to proceed with the inquest against the defaulting defendants, I I4-08 Taipei Inc., Chau a/k/a Chau, Xiu Qin Shi a/k/a Wing Fung Andy Amy Shi, Salena Chau, and Wing Fung Home Realty Group, inc., is granted; and it is further ORDERED that the title of the instant action shall be amended as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------X Index No. 710998/2019 JIN XIA JIANG and CHARLES GUAN, Plaintiffs, - against - 1 14-08 TAIPEl INC., WING FUNG CHAU a/k/a ANDY CHAU, KUAN CHEN a/k/a KUEN CHAN, XIU QUIN SHI a/k/a AMY SHI, SALENA CHAU, 1See Exhibit D (Doc EF 406). 2See Exhibit A (Doc EF 403). 2 2 of 4 2 of 4 FILED: QUEENS COUNTY CLERK 03/26/2024 03:49 PM INDEX NO. 706482/2024 NYSCEF NO. 7@6988/2029 INDEX NYSCEF: FILED DOC. : NO. 1 UEENS COUNTY CLERK 4 : RECEIVED 03/26/2024 NYSCEF DOC. NO. 485 RECEIVED NYSCEF: 03/2E/2024 and WING FUNG HOME REALTY GROUP, INC., Defendants. _____-_____________________________________________________Ç and, it is further ORDERED that the Clerk of the Supreme Court, Queens County, upon being served with a copy of this order with notice of entry and payment of any required fees, is directed to sever the causes of action of plaintiffs Waikeung Tsang and Shiang Ho asserted against defendants 114-08 Taipei Inc., Wing Fung Chau a/k/a Andy Chau, Xiu Qin Shi a/k/a Amy Shi, Salena Chau, and Wing Fung Home Realty Group, Inc. and to transfer all papers filed in this action as they pertain to plaintiffs Waikeung Tsang and Shiang Ho, and upon said plaintiffs' purchase of a new Index Number, to assign a Queens County Index Number to the order.3 file transferred pursuant to this It is further ORDERED that the application by Victor Tsai, Esq., counsel for defendants 114-08 TaipeiInc. and Wing Fung Chau a/k/a Andy Chau, for leave to withdraw as counsel pursuant to CPLR 321 (b) (2) is granted without opposition, and Victor Tsai, Esq. is relieved as counsel for defendants 1 14-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau in both this and the severed action. The instant action shall be stayed for a period of thirty (30) days from the date of service of this order with notice of entry, by certified mail, return receipt requested upon defendants 114-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau, and by regular mail upon all plaintiffs, and co-defendants and/or their counsel, if represented, or by filing on NYSCEF if said parties and/or counsel are participating thereon, to afford defendants 114-08 Taipei Inc. and Wing Fung Chau a/k/a Andy Chau an opportunity to retain new counsel, if so desired. Movant counsel is further directed to file proof of such service. Movant counsel is further directed to file a copy of this order with notice of entry in the severed action under its Index Number, once assigned, as well as, proof of service as 3Since plainti f f s , in their s econd amended complaint ( see Exhibit B [Doc EF 404]), allege that plaintiff Shiang Ho currently is the legal guardian with power of attorney for her husband, plainti f f Waikeung Tsang, plainti f f s should make an application in that severed action under its new Index Number, to amend the caption to reflect same. 3 3 of 4 3 of 4 FILED: QUEENS COUNTY CLERK 03/26/2024 03:49 PM INDEX NO. 706482/2024 NYSCEF INDEX NYSCEF: NO. 700988/2029 FILED DOC. : NO. 1 UEENS COUNTY CLERK 4 : RECEIVED 03/26/2024 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 03/2E/2024 directed above. The severed action shall be stayed for a period of thirty (30) days after such filing. Movant is not relieved from the applicable provisions of CPLR 2220 and 202.5-b (h) (2) of the Uniform Rules of Supreme and County Courts insofar as it relates to service and notice of entry of the filed document upon all other parties to the action/proceeding, whether accomplished by mailing or electronic means, whichever may be appropriate dependent upon the filing status of the party. The foregoing constitutes the decision and order of this court. ANNA CULLEY,Ó.S.C. Dated: March 8, 2024 FILED 3/11/2024 COUNTY CL K 4 4 of 4 4 of 4