On June 14, 2024 a
AFFIDAVIT OR AFFIRMATION IN SUPPORT - Atty Affm on Emergency
was filed
involving a dispute between
Delta Towers Enterprises Llc,
and
Noel Capone,
Sihang Ning,
for Torts - Other (intentional tort)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________________________________X Index No.: 516556/2024
DELTA TOWERS ENTERPRISES LLC,
ATTORNEY
PLAINTIFF, AFFIRMATION OF
-against- EMERGENCY
SIHANG NING, AND NOEL CAPONE,
DEFENDANTS.
____________________________________________X
YU-XI LIU, Esq., an attorney duly admitted to the practice of law before the courts of the State
of New York, affirms the following under penalty of perjury:
1. I am counsel for DELTA TOWERS ENTERPRISES, LLC. (“DELTA TOWERS”), plaintiff in the
above-captioned action, and as such am fully familiar with the facts and circumstances herein.
2. I make this affirmation of emergency in support of the Order to Show Cause with temporary
restraining orders against defendants Ning and Capone.
STATEMENT ON EMERGENCY
3. Pre-pandemic, counsel would notify an adversary of the Order to Show Cause with TRO at
least 24 hours in advance pursuant to 202.7(f).
4. Counsel would bring the moving papers to the Ex-Parte Office at the courthouse to get the
motion processed, wait outside of the clerk’s office, and pick up the clerk’s stamped papers and walk it
up to the assigned judge for presentment and signature.
5. It has been mandatory efiling since the Pandemic.
6. I have had OSCs with temporary restraining orders that have taken more than two weeks to
get processed and signed.
7. This is the case where Delta Towers needs its application for TRO be heard as soon as
possible because after the flooding caused by Defendants Ning and Capone, the Defendants have
refused to answer calls by Delta Tower or knocking on their apartment door to provide access to Delta
Towers for inspection and necessary emergency repair.
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FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/17/2024
8. Landlord Delta Towers has absolute property rights to inspect Apartment 3P and undertake
any necessary emergency repair to 3P.
9. Landlord Delta Towers has been advised not to enter into Apartment 3P by force, even
though Section 15 of the Lease Agreement specifically provides for such a remedy in emergency.
10. In an abundance of caution, Landlord Delta Towers is seeking a judicial order to have full
and unhindered access to its property as soon as the Court may consider this emergency request.
Wherefore, it is respectfully requested that this Order to Show Cause with TROs be presented for a
judge’s signature as soon as possible.
DATED: NEW YORK, NEW YORK
JUNE 17, 2024
Respectfully,
/s/ Yuxi Liu________________
YU-XI (GLEN) LIU, ESQ.
LAW OFFICE OF YU-XI LIU, ESQ.
Attorney for Plaintiff
53 Elizabeth Street, 2C
New York, NY 10013
212.597.2888
Glen@Dawnlaw.US
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2 of 2
Document Filed Date
June 17, 2024
Case Filing Date
June 14, 2024
Category
Torts - Other (intentional tort)
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FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________________________________X Index No.: 516556/2024 DELTA TOWERS ENTERPRISES LLC, ATTORNEY PLAINTIFF, AFFIRMATION OF -against- EMERGENCY SIHANG NING, AND NOEL CAPONE, DEFENDANTS. ____________________________________________X YU-XI LIU, Esq., an attorney duly admitted to the practice of law before the courts of the State of New York, affirms the following under penalty of perjury: 1. I am counsel for DELTA TOWERS ENTERPRISES, LLC. (“DELTA TOWERS”), plaintiff in the above-captioned action, and as such am fully familiar with the facts and circumstances herein. 2. I make this affirmation of emergency in support of the Order to Show Cause with temporary restraining orders against defendants Ning and Capone. STATEMENT ON EMERGENCY 3. Pre-pandemic, counsel would notify an adversary of the Order to Show Cause with TRO at least 24 hours in advance pursuant to 202.7(f). 4. Counsel would bring the moving papers to the Ex-Parte Office at the courthouse to get the motion processed, wait outside of the clerk’s office, and pick up the clerk’s stamped papers and walk it up to the assigned judge for presentment and signature. 5. It has been mandatory efiling since the Pandemic. 6. I have had OSCs with temporary restraining orders that have taken more than two weeks to get processed and signed. 7. This is the case where Delta Towers needs its application for TRO be heard as soon as possible because after the flooding caused by Defendants Ning and Capone, the Defendants have refused to answer calls by Delta Tower or knocking on their apartment door to provide access to Delta Towers for inspection and necessary emergency repair. 1|Page 1 of 2 FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/17/2024 8. Landlord Delta Towers has absolute property rights to inspect Apartment 3P and undertake any necessary emergency repair to 3P. 9. Landlord Delta Towers has been advised not to enter into Apartment 3P by force, even though Section 15 of the Lease Agreement specifically provides for such a remedy in emergency. 10. In an abundance of caution, Landlord Delta Towers is seeking a judicial order to have full and unhindered access to its property as soon as the Court may consider this emergency request. Wherefore, it is respectfully requested that this Order to Show Cause with TROs be presented for a judge’s signature as soon as possible. DATED: NEW YORK, NEW YORK JUNE 17, 2024 Respectfully, /s/ Yuxi Liu________________ YU-XI (GLEN) LIU, ESQ. LAW OFFICE OF YU-XI LIU, ESQ. Attorney for Plaintiff 53 Elizabeth Street, 2C New York, NY 10013 212.597.2888 Glen@Dawnlaw.US 2|Page 2 of 2