Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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CATHAY BANK,
Plaintiff,
-against- Index No.: 703084/2024
SHANGRI-LA ASTORIA INC., XUAN CHENG, BIN LIN, VERIFIED ANSWER
32 STREET CM LLC a/k/a 32ST CM LLC a/k/a S32ST CM
LLC, THE CITY OF NEW YORK, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, NEW YORK
CITY DEPARTMENT OF FINANCE, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, and
“JOHN DOE #l” through “JOHN DOE #50,” the last fifty
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.
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Defendant SHANGRI-LA ASTORIA INC. (“Defendant”), by its attorneys Anderson and
Associates Law, P.C., as and for its Answer to Plaintiff Cathay Bank's (“Plaintiff”) complaint
(“Complaint”), dated February 7, 2024, states as follows:
NATURE OF ACTION
1. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
PARTIES
2. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
3. Admitted.
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LEWIS BRIBOIS EDITS APRIL 18, 2024
COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
4. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
5. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
6. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
7. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
8. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
9. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
10. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
11. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
12. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties. To the extent the paragraph may be interpreted to
contain allegations against Defendant, those allegations are denied.
Venue
13. Admitted.
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LEWIS BRIBOIS EDITS APRIL 18, 2024
COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
14. That document speaks for itself. To the extent a response is deemed required,
Defendant denies the allegations.
15. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
16. Defendant neither admits nor denies the allegations contained in this paragraph as
it calls for a legal conclusion.
17. Defendant neither admits nor denies the allegations contained in this paragraph as
it calls for a legal conclusion.
FACTS
A. The Loan Documents
18. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties.
19. That document speaks for itself. Notwithstanding the foregoing, denied.
20. The referenced document speaks for itself.
21. That document speaks for itself. Notwithstanding the foregoing, denied.
22. The referenced document speaks for itself.
23. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties. To the extent the paragraph may be interpreted to
contain allegations against Defendant, those allegations are denied.
24. The referenced document speaks for itself.
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LEWIS BRIBOIS EDITS APRIL 18, 2024
COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
25. That document speaks for itself. Notwithstanding the foregoing, denied.
26. The referenced document speaks for itself. Notwithstanding the foregoing, denied
27. That document speaks for itself. Notwithstanding the foregoing, denied.
28. That document speaks for itself. Notwithstanding the foregoing, denied.
29. The referenced document speaks for itself.
30. That document speaks for itself. Notwithstanding the foregoing, denied.
31. That document speaks for itself. Notwithstanding the foregoing, denied.
B. The Defaults
32. Denied.
33. Denied.
34. Denied.
35. Denied.
C. The Amount Due to Cathay
36. Denied.
37. Denied.
AS AND FOR A FIRST CAUSE OF ACTION
(Foreclosure of the Mortgage)
38. Defendant repeats and realleges the foregoing responses to the allegations of the
Complaint as if fully set forth herein.
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COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
39. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties. To the extent the paragraph may be interpreted to
contain allegations against Defendant, those allegations are denied.
40. Denied.
41. Defendant neither admits nor denies the remaining allegations contained in this
paragraph as it calls for a legal conclusion. To the extent a response is required, Defendant
denies the allegations.
42. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties. Notwithstanding the foregoing, denied.
43. Defendant is without knowledge or information sufficient to admit or deny in this
paragraph as they pertain to other parties. Notwithstanding the foregoing, denied.
Defendant denies that assertions in the Wherefore paragraphs and denies that Cathay is
entitled to the relief it is seeking.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a cause of action for which relief may be granted.
SECOND AFFIRMATIVE DEFENSE
The Complaint fails to allege one or more causes of action with the requisite particularity.
THIRD AFFIRMATIVE DEFENSE
This action is barred, in whole or in part, by the applicable statute(s) of limitations, statutes of
repose and the doctrine of laches.
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COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
FOURTH AFFIRMATIVE DEFENSE
This action is barred for failure, or lack of underlying debt.
FIFTH AFFIRMATIVE DEFENSE
This action is barred in whole or in part by the doctrine of unclean hands, Plaintiff’s inequitable
or wrongful conduct and the doctrine of estoppel, doctrine of set off .
SIXTH AFFIRMATIVE DEFENSE
If the Plaintiff sustained injuries or damages as alleged in the Complaint, said injuries and
damages would have been brought about and caused in whole or in part by the Plaintiff’s own
culpable conduct and/or those of which Defendant has no control over.
SEVENTH AFFIRMATIVE DEFENSE
Defendant does not owe Plaintiff one or more of the duties or obligations alleged in the
Complaint
EIGHTH AFFIRMATIVE DEFENSE
To the extent Plaintiff sustained any alleged damages, which Defendant denies, it was not due to
or caused by the fault, lack of care, negligence, recklessness, carelessness, misrepresentation or
breach of any duty or obligation by Defendant.
NINTH AFFIRMATIVE DEFENSE
To the extent Plaintiff sustained any alleged damages, which Defendant denies, the conduct of
Plaintiff, its agents, servants and/or employees were an intervening or superseding cause, and
therefore Defendants bear no legal responsibility for such damages.
TENTH AFFIRMATIVE DEFENSE
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COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
To the extent Plaintiff sustained any alleged damages, which Defendant denies, it was caused by
the culpable conduct, wrongdoing, negligence, lack of care, breaches, omissions, material
misrepresentations and failure to act of third parties, its agents, servants, employees, over whom
Defendant has no control and for which Defendant bears no legal responsibility.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff failed to mitigate its alleged damages.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff would be unjustly enriched if allowed to recover on any of its claims.
THIRTEENTH AFFIRMATIVE DEFENSE
The causes of action in the Complaint fall outside of the applicable Statute of Frauds and the
requirement to properly record mortgage and other security interests under applicable law..
FOURTEENTH AFFIRMATIVE DEFENSE
The causes of action asserted in the Complaint are barred by documentary evidence.
FIFTEENTH AFFIRMATIVE DEFENSE
The causes of action asserted in the Complaint are barred in whole or in part by the
doctrine of lender liability.
WHEREFORE, Defendant respectfully requests that the Court:
A. dismiss Plaintiff's claims with prejudice and enter judgment in Defendant’s favor;
B. awarding Defendant costs and disbursements of this action, including reasonable
attorneys’ fees; and
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NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024
LEWIS BRIBOIS EDITS APRIL 18, 2024
COMMON INTEREST
PRIVILEGED AND CONFIDENTIAL
C. awarding such other and further relief as this Court deems just and proper.
Date: New York, New York
April 19, 2024
Respectfully submitted,
Anderson and Associates Law, P.C.
By: /s/Yen-Yi Anderson
Yen-Yi Anderson
Attorneys for Defendant Shangri-La
Astoria Inc.
61 Broadway, Suite 2809
New York NY 10006
646-452-9982
y.anderson@aalawpc.com
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VERIFICATION
I, Xuan Cheng, being duly sworn, deposes and states as follows:
I am a co-chair of the Board of Directors the of SHANGRI-LA ASTORIA INC. and I
have read the foregoing answer and know the contents thereof. The same are true to my
knowledge, except as to matters therein stated to be alleged on information and belief and as to
those matters I believe them to be true. To the best of my knowledge, information and belief,
formed after and inquiry reasonable under the circumstances, the presentation of these papers or
the contentions therein are not frivolous.
____________________
Xuan Cheng (solely in her
capacity as a co-chair of the
Board of Directors of
Shangri-La Astoria Inc.
Dated: April 19, 2024
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Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X CATHAY BANK, Plaintiff, -against- Index No.: 703084/2024 SHANGRI-LA ASTORIA INC., XUAN CHENG, BIN LIN, VERIFIED ANSWER 32 STREET CM LLC a/k/a 32ST CM LLC a/k/a S32ST CM LLC, THE CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and “JOHN DOE #l” through “JOHN DOE #50,” the last fifty 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. ----------------------------------------------------------------------X Defendant SHANGRI-LA ASTORIA INC. (“Defendant”), by its attorneys Anderson and Associates Law, P.C., as and for its Answer to Plaintiff Cathay Bank's (“Plaintiff”) complaint (“Complaint”), dated February 7, 2024, states as follows: NATURE OF ACTION 1. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. PARTIES 2. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 3. Admitted. 1 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL 4. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 5. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 6. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 7. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 8. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 9. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 10. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 11. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 12. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. To the extent the paragraph may be interpreted to contain allegations against Defendant, those allegations are denied. Venue 13. Admitted. 2 2 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL 14. That document speaks for itself. To the extent a response is deemed required, Defendant denies the allegations. 15. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 16. Defendant neither admits nor denies the allegations contained in this paragraph as it calls for a legal conclusion. 17. Defendant neither admits nor denies the allegations contained in this paragraph as it calls for a legal conclusion. FACTS A. The Loan Documents 18. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. 19. That document speaks for itself. Notwithstanding the foregoing, denied. 20. The referenced document speaks for itself. 21. That document speaks for itself. Notwithstanding the foregoing, denied. 22. The referenced document speaks for itself. 23. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. To the extent the paragraph may be interpreted to contain allegations against Defendant, those allegations are denied. 24. The referenced document speaks for itself. 3 3 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL 25. That document speaks for itself. Notwithstanding the foregoing, denied. 26. The referenced document speaks for itself. Notwithstanding the foregoing, denied 27. That document speaks for itself. Notwithstanding the foregoing, denied. 28. That document speaks for itself. Notwithstanding the foregoing, denied. 29. The referenced document speaks for itself. 30. That document speaks for itself. Notwithstanding the foregoing, denied. 31. That document speaks for itself. Notwithstanding the foregoing, denied. B. The Defaults 32. Denied. 33. Denied. 34. Denied. 35. Denied. C. The Amount Due to Cathay 36. Denied. 37. Denied. AS AND FOR A FIRST CAUSE OF ACTION (Foreclosure of the Mortgage) 38. Defendant repeats and realleges the foregoing responses to the allegations of the Complaint as if fully set forth herein. 4 4 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL 39. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. To the extent the paragraph may be interpreted to contain allegations against Defendant, those allegations are denied. 40. Denied. 41. Defendant neither admits nor denies the remaining allegations contained in this paragraph as it calls for a legal conclusion. To the extent a response is required, Defendant denies the allegations. 42. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. Notwithstanding the foregoing, denied. 43. Defendant is without knowledge or information sufficient to admit or deny in this paragraph as they pertain to other parties. Notwithstanding the foregoing, denied. Defendant denies that assertions in the Wherefore paragraphs and denies that Cathay is entitled to the relief it is seeking. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action for which relief may be granted. SECOND AFFIRMATIVE DEFENSE The Complaint fails to allege one or more causes of action with the requisite particularity. THIRD AFFIRMATIVE DEFENSE This action is barred, in whole or in part, by the applicable statute(s) of limitations, statutes of repose and the doctrine of laches. 5 5 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL FOURTH AFFIRMATIVE DEFENSE This action is barred for failure, or lack of underlying debt. FIFTH AFFIRMATIVE DEFENSE This action is barred in whole or in part by the doctrine of unclean hands, Plaintiff’s inequitable or wrongful conduct and the doctrine of estoppel, doctrine of set off . SIXTH AFFIRMATIVE DEFENSE If the Plaintiff sustained injuries or damages as alleged in the Complaint, said injuries and damages would have been brought about and caused in whole or in part by the Plaintiff’s own culpable conduct and/or those of which Defendant has no control over. SEVENTH AFFIRMATIVE DEFENSE Defendant does not owe Plaintiff one or more of the duties or obligations alleged in the Complaint EIGHTH AFFIRMATIVE DEFENSE To the extent Plaintiff sustained any alleged damages, which Defendant denies, it was not due to or caused by the fault, lack of care, negligence, recklessness, carelessness, misrepresentation or breach of any duty or obligation by Defendant. NINTH AFFIRMATIVE DEFENSE To the extent Plaintiff sustained any alleged damages, which Defendant denies, the conduct of Plaintiff, its agents, servants and/or employees were an intervening or superseding cause, and therefore Defendants bear no legal responsibility for such damages. TENTH AFFIRMATIVE DEFENSE 6 6 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL To the extent Plaintiff sustained any alleged damages, which Defendant denies, it was caused by the culpable conduct, wrongdoing, negligence, lack of care, breaches, omissions, material misrepresentations and failure to act of third parties, its agents, servants, employees, over whom Defendant has no control and for which Defendant bears no legal responsibility. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff failed to mitigate its alleged damages. TWELFTH AFFIRMATIVE DEFENSE Plaintiff would be unjustly enriched if allowed to recover on any of its claims. THIRTEENTH AFFIRMATIVE DEFENSE The causes of action in the Complaint fall outside of the applicable Statute of Frauds and the requirement to properly record mortgage and other security interests under applicable law.. FOURTEENTH AFFIRMATIVE DEFENSE The causes of action asserted in the Complaint are barred by documentary evidence. FIFTEENTH AFFIRMATIVE DEFENSE The causes of action asserted in the Complaint are barred in whole or in part by the doctrine of lender liability. WHEREFORE, Defendant respectfully requests that the Court: A. dismiss Plaintiff's claims with prejudice and enter judgment in Defendant’s favor; B. awarding Defendant costs and disbursements of this action, including reasonable attorneys’ fees; and 7 7 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 LEWIS BRIBOIS EDITS APRIL 18, 2024 COMMON INTEREST PRIVILEGED AND CONFIDENTIAL C. awarding such other and further relief as this Court deems just and proper. Date: New York, New York April 19, 2024 Respectfully submitted, Anderson and Associates Law, P.C. By: /s/Yen-Yi Anderson Yen-Yi Anderson Attorneys for Defendant Shangri-La Astoria Inc. 61 Broadway, Suite 2809 New York NY 10006 646-452-9982 y.anderson@aalawpc.com 8 8 of 9 FILED: QUEENS COUNTY CLERK 04/19/2024 09:45 AM INDEX NO. 703084/2024 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/19/2024 VERIFICATION I, Xuan Cheng, being duly sworn, deposes and states as follows: I am a co-chair of the Board of Directors the of SHANGRI-LA ASTORIA INC. and I have read the foregoing answer and know the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters I believe them to be true. To the best of my knowledge, information and belief, formed after and inquiry reasonable under the circumstances, the presentation of these papers or the contentions therein are not frivolous. ____________________ Xuan Cheng (solely in her capacity as a co-chair of the Board of Directors of Shangri-La Astoria Inc. Dated: April 19, 2024 9 of 9