Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
SUPREME COURT STATE OF NEW YORK
COUNTY OF QUEENS Index No.
- -------------------------X
SHANGLIN CHOU
VERFIED COMPLAINT
Plaintiff,
-against-
SKY DEVELOPMENT CORP. KOBI SHASHUA
DAVID AMAR
Defendants.
- ------------------------- X
Plaintiff, by their attorneys, BAINS LAW PC, complaining of the Defendants
alleges upon information and belief as follows:
PARTIES
1. That at all times hereinafter mentioned Plaintiff SHANGLIN CHOU
("Plaintiff") was and is at all times an individual resident of the County of Queens residing
at 31-22 Union Street Apartment 7C Flushing NY 11354
2. Upon information and belief that at all times hereinafter mentioned
Defendant SKY DEVELOPMENT CORP ("defendant.") was and is at all times a corporation
duly authorized to conduct business in the State of New York, with principal office in the
County of Queens at 191-13 Jamaica Avenue NY 11423.
3. Upon information and belief that at all times hereinafter mentioned
Defendant KOBI SHASHUA (AKA KEVIN) was and is at all times an individual resident of
the County of Queens conducting business at 191-13 Jamaica Avenue Jamaica NY 11423.
4. Upon information and belief that at all times hereinafter mentioned
Defendant DAVID AMAR was and is at all times an individual resident of the County of
Queens conducting business at 191-13 Jamaica Avenue Jamaica NY 11423.
1 of 8
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
BACKGROUND and FIRST CAUSE OF ACTION
5. This action seeks declaratory and equitable relief with the result that plaintiff is
declared the lawful owner certain real property located and situated in the County of Queens to
wit: 42-36 82nd street unit 8-B Elmhurst NY 11373.
6. Plaintiff was the deeded owner of Subject Property pursuant to a deed dated
December 05, 2005. (Exhibit A)
7. Simultaneously with the Plaintiffs' purchase of Subject Property a
mortgage was taken in the names of Plaintiff in the approximate amount of $250,000.
(Exhibit B)
8. In 2015 plaintiff was having trouble paying the mortgage and the defendants
approached the plaintiff and offered to assist her by purchasing the premises in a short sale,
settling the mortgage payment and then returning the property to her.
9. On or about May, 2015, Plaintiff met with two men who identified
themselves as “Kevin” and “David” and they were the principals of plaintiff SKY
DEVELOPMENT CORP.
10. Kevin and David are now known to be David Amar and KOBI SHASHUA.
11. On or about June, 2015, Plaintiff was directed by DAVID AMAR and KOBI
SHASHUA to go to the offices of Sky Development Corp at 191-13 Jamaica Avenue
Jamaica NY 11423.
12. KOBI SHASHUA was present and presented copies of documents that turned
out to be the transfer deed to the plaintiff.
13. Plaintiff signed the deed over to SKY DEVELOPMENT CORP. This was
done without any attorney for the plaintiff and behind closed doors and no explanation to the
plaintiff was given. Defendant transferred the deed to SKY DEVELOPMENT CORP,.
Although the deed says $ 99,750.00 was the consideration for the subject premises, no
payment was ever made to the plaintiff from8 the
2 of defendants. (Exhibit C)
-4-
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
14. DAVID AMAR and KOBI SHASHUA at this time promised that they would
complete the short sale within two to three months, Plaintiff would be removed from the
mortgage and owe no additional money, that defendant would collect the rent, and the
property would return by deed transfer to the plaintiff's family after two years.
15. As of July 2015, rents collectible for the Subject Property were collected by
the defendants. (Exhibit D)
16. DAVID AMAR and KOBI SHASHUA initially asked plaintiff for $ 100,000,
she gave $ 80,000 on June 24, 2005 and wired another $ 20,000 on June 30, 2005. She
eventually gave approximately $ 200,000 to the defendants. (Exhibit E)
17. Plaintiff’s understanding of her agreement with the defendants was that they
would use the money she gave then to negotiate down the mortgage and then pay off the reduced
amount. After this they would place the property in the name of a family member, her daughter.
18. Finally in 2015 the mortgage was satisfied and the defendants refused to
either account for the rent collected or to transfer the property back to the plaintiff.
19. As of today's date, the deed remains in SKY DEVELOPMENT CORP which
was transferred for insufficient consideration, evidenced by the fact that only $99,750 reported
on the ACRIS documents and nothing was ever paid.
20. The representations of DAVID AMAR and KOBI SHASHUA were false and
knew such representations were false when they were made.
21. Defendants knew or should have known of the falsity of such representations
and assisted in the closing, creation and filing of false documents.
22. All defendants knew and know that the purported conveyance was fraudulent
and committed all fraudulent acts in order to damage Plaintiffs.
3 of 8
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
24. Plaintiffs reasonably relied on such false representations to their detriment.
25. Plaintiff has been damaged in an amount to be determined by the Court but in
no case less than One Million Dollars ($1,000,000).
AS AND FOR A FIRST CAUSE OF ACTION
26. Plaintiff repeats and reiterates each and every allegation made in paragraphs 1
through 25 above as if fully set forth herein.
28. There is failure of consideration in the transfer of Subject Property and the
Defendants never paid the Plaintiff compensation for the Subject Property.
29. Defendants colluded to defraud Plaintiff.
30. Subject Property is worth approximately One Million Dollars
($1,000,000.00).
31. As such, Plaintiff has been damaged in an amount of One Million Dollars
($1,000,000.00).
32. Plaintiff demands rescission of the deed.
33. Plaintiff demands punitive damages.
WHEREFORE, the Plaintiff demands Judgment against the Defendants as follows:
a) on the First Cause of Action, that the Court rescinds the conveyance from Plaintiff to
Defendants and that any deed from Plaintiff to Defendants be cancelled;
b) on the First Cause of Action, money judgment against defendants in the amount of
One Million Thousand Dollars ($1,000,000);
c) Punitive damages in an amount to be determined by the court;
d) Attorneys' fees in an amount to be determined after trial;
e) that the Plaintiff be granted such other and further relief as the Court deems
proper, together with the costs and disbursements of this action.
4 of 8
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
DATED APRIL 16, 2024
HOLLIS NY
_________________________
BAINS LAW PC
TEJINDER BAINS ESQ.
189-10 HILLSIDE AVE
HOLLIS NY 11423
TBAINS@TJLAWPC.COM
TBAINS@ALIBAINSFIRM.COM
(718) 544-8000
(516) 2256094
5 of 8
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF QUEENS )
1, SHANGLIN CHOU , the undersigned, being duly sworn, depose and say:
I have read the foregoing Summons and Verified Complaint and know the contents
thereof; and the same is true to my own knowledge, except as to the matters therein alleged to be
upon information and belief, and as to those matters I believe it to be true.
April 16, 2024
SHANGL CHOU
A Buts
TEJINDER SINGH BAINS
NOTARY PUBLIC STATE
OF NY QUALIFIED IN
NASSAU COUNTY
02BA6331355 COMM EXP
10/05/2027
6 of 8
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
ATTORNEY CERTIFICATION
I, Tejinder Bains, hereby certify, under penalty of perjury, and as an officer of the
court, that to the best of my knowledge, information and belief, formed after an inquiry
reasonably under the circumstances, the presentation of the papers or the contentions herein are
not frivolous as defined in 22 NYCRR Section 130-1.l(c).
Dated: April 16, 2024
Hollis, New York
_______________________
Tejinder Bains
-11-
7 of 8
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024
INDEX NO.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------------------------
SHANGLIN CHOU
Plaintiffs,
-against-
SKY DEVELOPMENT CORP. KOBI SHASHUA
DAVID AMAR
Defendant.
-------------------------------------------------------------------------------------
SUMMONS AND VERIFIED COMPLAINT
-------------------------------------------------------------------------------------
TEJINDER BAINS, Esq.
LAW FIRM OF BAINS LAW PC
ATTORNEY FOR PLAINTIFF
189-10 Hillside Ave
Hollis NY 11423
PH (718) 544-8000
FX (718) 480-1244
tbains@alibainsfirm.com
CERTIFICATION PURSUANT TO NYCRR 130.1
The signature constitutes a certification by the signer that the presentation of this paper or the conditions therein
are not frivolous.
_________________________
Tejinder Bains Esq.
8 of 8
Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT STATE OF NEW YORK COUNTY OF QUEENS Index No. - -------------------------X SHANGLIN CHOU VERFIED COMPLAINT Plaintiff, -against- SKY DEVELOPMENT CORP. KOBI SHASHUA DAVID AMAR Defendants. - ------------------------- X Plaintiff, by their attorneys, BAINS LAW PC, complaining of the Defendants alleges upon information and belief as follows: PARTIES 1. That at all times hereinafter mentioned Plaintiff SHANGLIN CHOU ("Plaintiff") was and is at all times an individual resident of the County of Queens residing at 31-22 Union Street Apartment 7C Flushing NY 11354 2. Upon information and belief that at all times hereinafter mentioned Defendant SKY DEVELOPMENT CORP ("defendant.") was and is at all times a corporation duly authorized to conduct business in the State of New York, with principal office in the County of Queens at 191-13 Jamaica Avenue NY 11423. 3. Upon information and belief that at all times hereinafter mentioned Defendant KOBI SHASHUA (AKA KEVIN) was and is at all times an individual resident of the County of Queens conducting business at 191-13 Jamaica Avenue Jamaica NY 11423. 4. Upon information and belief that at all times hereinafter mentioned Defendant DAVID AMAR was and is at all times an individual resident of the County of Queens conducting business at 191-13 Jamaica Avenue Jamaica NY 11423. 1 of 8 FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 BACKGROUND and FIRST CAUSE OF ACTION 5. This action seeks declaratory and equitable relief with the result that plaintiff is declared the lawful owner certain real property located and situated in the County of Queens to wit: 42-36 82nd street unit 8-B Elmhurst NY 11373. 6. Plaintiff was the deeded owner of Subject Property pursuant to a deed dated December 05, 2005. (Exhibit A) 7. Simultaneously with the Plaintiffs' purchase of Subject Property a mortgage was taken in the names of Plaintiff in the approximate amount of $250,000. (Exhibit B) 8. In 2015 plaintiff was having trouble paying the mortgage and the defendants approached the plaintiff and offered to assist her by purchasing the premises in a short sale, settling the mortgage payment and then returning the property to her. 9. On or about May, 2015, Plaintiff met with two men who identified themselves as “Kevin” and “David” and they were the principals of plaintiff SKY DEVELOPMENT CORP. 10. Kevin and David are now known to be David Amar and KOBI SHASHUA. 11. On or about June, 2015, Plaintiff was directed by DAVID AMAR and KOBI SHASHUA to go to the offices of Sky Development Corp at 191-13 Jamaica Avenue Jamaica NY 11423. 12. KOBI SHASHUA was present and presented copies of documents that turned out to be the transfer deed to the plaintiff. 13. Plaintiff signed the deed over to SKY DEVELOPMENT CORP. This was done without any attorney for the plaintiff and behind closed doors and no explanation to the plaintiff was given. Defendant transferred the deed to SKY DEVELOPMENT CORP,. Although the deed says $ 99,750.00 was the consideration for the subject premises, no payment was ever made to the plaintiff from8 the 2 of defendants. (Exhibit C) -4- FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 14. DAVID AMAR and KOBI SHASHUA at this time promised that they would complete the short sale within two to three months, Plaintiff would be removed from the mortgage and owe no additional money, that defendant would collect the rent, and the property would return by deed transfer to the plaintiff's family after two years. 15. As of July 2015, rents collectible for the Subject Property were collected by the defendants. (Exhibit D) 16. DAVID AMAR and KOBI SHASHUA initially asked plaintiff for $ 100,000, she gave $ 80,000 on June 24, 2005 and wired another $ 20,000 on June 30, 2005. She eventually gave approximately $ 200,000 to the defendants. (Exhibit E) 17. Plaintiff’s understanding of her agreement with the defendants was that they would use the money she gave then to negotiate down the mortgage and then pay off the reduced amount. After this they would place the property in the name of a family member, her daughter. 18. Finally in 2015 the mortgage was satisfied and the defendants refused to either account for the rent collected or to transfer the property back to the plaintiff. 19. As of today's date, the deed remains in SKY DEVELOPMENT CORP which was transferred for insufficient consideration, evidenced by the fact that only $99,750 reported on the ACRIS documents and nothing was ever paid. 20. The representations of DAVID AMAR and KOBI SHASHUA were false and knew such representations were false when they were made. 21. Defendants knew or should have known of the falsity of such representations and assisted in the closing, creation and filing of false documents. 22. All defendants knew and know that the purported conveyance was fraudulent and committed all fraudulent acts in order to damage Plaintiffs. 3 of 8 FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 24. Plaintiffs reasonably relied on such false representations to their detriment. 25. Plaintiff has been damaged in an amount to be determined by the Court but in no case less than One Million Dollars ($1,000,000). AS AND FOR A FIRST CAUSE OF ACTION 26. Plaintiff repeats and reiterates each and every allegation made in paragraphs 1 through 25 above as if fully set forth herein. 28. There is failure of consideration in the transfer of Subject Property and the Defendants never paid the Plaintiff compensation for the Subject Property. 29. Defendants colluded to defraud Plaintiff. 30. Subject Property is worth approximately One Million Dollars ($1,000,000.00). 31. As such, Plaintiff has been damaged in an amount of One Million Dollars ($1,000,000.00). 32. Plaintiff demands rescission of the deed. 33. Plaintiff demands punitive damages. WHEREFORE, the Plaintiff demands Judgment against the Defendants as follows: a) on the First Cause of Action, that the Court rescinds the conveyance from Plaintiff to Defendants and that any deed from Plaintiff to Defendants be cancelled; b) on the First Cause of Action, money judgment against defendants in the amount of One Million Thousand Dollars ($1,000,000); c) Punitive damages in an amount to be determined by the court; d) Attorneys' fees in an amount to be determined after trial; e) that the Plaintiff be granted such other and further relief as the Court deems proper, together with the costs and disbursements of this action. 4 of 8 FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 DATED APRIL 16, 2024 HOLLIS NY _________________________ BAINS LAW PC TEJINDER BAINS ESQ. 189-10 HILLSIDE AVE HOLLIS NY 11423 TBAINS@TJLAWPC.COM TBAINS@ALIBAINSFIRM.COM (718) 544-8000 (516) 2256094 5 of 8 FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF QUEENS ) 1, SHANGLIN CHOU , the undersigned, being duly sworn, depose and say: I have read the foregoing Summons and Verified Complaint and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein alleged to be upon information and belief, and as to those matters I believe it to be true. April 16, 2024 SHANGL CHOU A Buts TEJINDER SINGH BAINS NOTARY PUBLIC STATE OF NY QUALIFIED IN NASSAU COUNTY 02BA6331355 COMM EXP 10/05/2027 6 of 8 FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 ATTORNEY CERTIFICATION I, Tejinder Bains, hereby certify, under penalty of perjury, and as an officer of the court, that to the best of my knowledge, information and belief, formed after an inquiry reasonably under the circumstances, the presentation of the papers or the contentions herein are not frivolous as defined in 22 NYCRR Section 130-1.l(c). Dated: April 16, 2024 Hollis, New York _______________________ Tejinder Bains -11- 7 of 8 FILED: QUEENS COUNTY CLERK 04/19/2024 12:13 PM INDEX NO. 708440/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/19/2024 INDEX NO. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------------------- SHANGLIN CHOU Plaintiffs, -against- SKY DEVELOPMENT CORP. KOBI SHASHUA DAVID AMAR Defendant. ------------------------------------------------------------------------------------- SUMMONS AND VERIFIED COMPLAINT ------------------------------------------------------------------------------------- TEJINDER BAINS, Esq. LAW FIRM OF BAINS LAW PC ATTORNEY FOR PLAINTIFF 189-10 Hillside Ave Hollis NY 11423 PH (718) 544-8000 FX (718) 480-1244 tbains@alibainsfirm.com CERTIFICATION PURSUANT TO NYCRR 130.1 The signature constitutes a certification by the signer that the presentation of this paper or the conditions therein are not frivolous. _________________________ Tejinder Bains Esq. 8 of 8