On June 14, 2024 a
AFFIDAVIT OR AFFIRMATION IN SUPPORT - Atty Affm in support
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. 7 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 AFFIRMATION
PLAINTIFF, IN SUPPORT OF THE ORDER
-against- TO SHOW CAUSE FOR
INJUNCTION WITH TRO
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 in support of the instant motion by Order to Show Cause for
preliminary injunction against defendants Sihang and Noel Capone (the “Defendants”) with a
Temporary Restraining Order, restraining and enjoining the Defendants from flooding or otherwise
damaging the subject premises at 4001 New Utrecht Avenue, 3P, Brooklyn, NY 11219 (the “Subject
Premises” or “Demised Premises”), restraining and enjoining the Defendants from denying the
Landlord, its agent, property manager, or representative full and unhindered access to the Demised
Premises for inspection and emergency repair.
3. No previous application has been made to this or any other Court for relief sought herein.
STATEMENT OF FACTS
4. The facts are as set forth in the affidavit of P LAINTIFF DELTA TOWERS by Mr. Daniel Chen
sworn to on June 16, 2024.
5. The Subject Premises and the second-floor community space downstairs were flooded at
the building on Thursday, June 14, 2024.
6. Landlord Delta Towers has been trying to gain access to Apartment 3P for inspection and
emergency repairs since last Thursday, but to no avail.
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FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/17/2024
7. As of filing today, June 17, 2024, Delta Towers still does not know how much Apartment
3P has been damaged.
LEGAL ARGUMENT
8. The facts as set forth in Mr. Chen’s sworn affidavit demonstrate the three elements
required for preliminary injunction: (1) a likelihood of success on the merits, (2) irreparable harm to
New York Dragon, and (3) the balance of equity in the plaintiffs’ favor.
9. A preliminary injunction is a provisional remedy designed to maintain the status quo
between the parties until litigation is concluded. [Uniformed Firefighters Ass’n v. City of New York, 79
NY2d 236, 581 NYS2d 734 (1992).] It prevents defendant from violating plaintiff’s rights with respect
to the subject of the underlying action. [Berger v. Raab, 161 AD2d 865, 555 NYS2d 935, 936 (3d Dept
1990).]
I. TRO RESTRAINING AND ENJOINING DEFENDANTS NING AND CAPONE FROM FLOODING OR
OTHERWISE DAMAGING THE SUBJECT PREMISES, 3P.
10. The TRO is to preserve the status quo.
11. Here, it is paramount that the Defendants be ordered not to engage in any act to inflict
further damage in the subject apartment.
12. The balance of equity is in DELTA TOWERS’S favor as DELTA TOWERS is the aggrieved
party in need of this equitable remedy.
II. TRO RESTRAINING AND ENJOINING DEFENDANTS NING AND CAPONE, RESTRAINING AND
ENJOINING THEM FROM DENYING THE LANDLORD FULL AND UNHINDERED ACCESS TO THE
SUBJECT APARTMENT.
13. The Defendants have refused to answer calls, emails and knocks on the door to provide
access to Landlord Delta Towers for inspection and necessary emergency repair.
14. Landlord Delta Towers must have immediate, full and unhindered access to Apartment 3P
for inspection and necessary emergency repair.
15. The balance of equity is in DELTA TOWERS’S favor as DELTA TOWERS is the aggrieved
party in need of this equitable remedy.
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FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/17/2024
Wherefore, it is respectfully requested that the Court issue the preliminary injunction with the
temporary restraining orders against Defendants Sihang Ning and Noel Capone.
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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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. 7 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 AFFIRMATION PLAINTIFF, IN SUPPORT OF THE ORDER -against- TO SHOW CAUSE FOR INJUNCTION WITH TRO 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 in support of the instant motion by Order to Show Cause for preliminary injunction against defendants Sihang and Noel Capone (the “Defendants”) with a Temporary Restraining Order, restraining and enjoining the Defendants from flooding or otherwise damaging the subject premises at 4001 New Utrecht Avenue, 3P, Brooklyn, NY 11219 (the “Subject Premises” or “Demised Premises”), restraining and enjoining the Defendants from denying the Landlord, its agent, property manager, or representative full and unhindered access to the Demised Premises for inspection and emergency repair. 3. No previous application has been made to this or any other Court for relief sought herein. STATEMENT OF FACTS 4. The facts are as set forth in the affidavit of P LAINTIFF DELTA TOWERS by Mr. Daniel Chen sworn to on June 16, 2024. 5. The Subject Premises and the second-floor community space downstairs were flooded at the building on Thursday, June 14, 2024. 6. Landlord Delta Towers has been trying to gain access to Apartment 3P for inspection and emergency repairs since last Thursday, but to no avail. 1|Page 1 of 3 FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/17/2024 7. As of filing today, June 17, 2024, Delta Towers still does not know how much Apartment 3P has been damaged. LEGAL ARGUMENT 8. The facts as set forth in Mr. Chen’s sworn affidavit demonstrate the three elements required for preliminary injunction: (1) a likelihood of success on the merits, (2) irreparable harm to New York Dragon, and (3) the balance of equity in the plaintiffs’ favor. 9. A preliminary injunction is a provisional remedy designed to maintain the status quo between the parties until litigation is concluded. [Uniformed Firefighters Ass’n v. City of New York, 79 NY2d 236, 581 NYS2d 734 (1992).] It prevents defendant from violating plaintiff’s rights with respect to the subject of the underlying action. [Berger v. Raab, 161 AD2d 865, 555 NYS2d 935, 936 (3d Dept 1990).] I. TRO RESTRAINING AND ENJOINING DEFENDANTS NING AND CAPONE FROM FLOODING OR OTHERWISE DAMAGING THE SUBJECT PREMISES, 3P. 10. The TRO is to preserve the status quo. 11. Here, it is paramount that the Defendants be ordered not to engage in any act to inflict further damage in the subject apartment. 12. The balance of equity is in DELTA TOWERS’S favor as DELTA TOWERS is the aggrieved party in need of this equitable remedy. II. TRO RESTRAINING AND ENJOINING DEFENDANTS NING AND CAPONE, RESTRAINING AND ENJOINING THEM FROM DENYING THE LANDLORD FULL AND UNHINDERED ACCESS TO THE SUBJECT APARTMENT. 13. The Defendants have refused to answer calls, emails and knocks on the door to provide access to Landlord Delta Towers for inspection and necessary emergency repair. 14. Landlord Delta Towers must have immediate, full and unhindered access to Apartment 3P for inspection and necessary emergency repair. 15. The balance of equity is in DELTA TOWERS’S favor as DELTA TOWERS is the aggrieved party in need of this equitable remedy. 2|Page 2 of 3 FILED: KINGS COUNTY CLERK 06/17/2024 01:10 PM INDEX NO. 516556/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/17/2024 Wherefore, it is respectfully requested that the Court issue the preliminary injunction with the temporary restraining orders against Defendants Sihang Ning and Noel Capone. 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 3|Page 3 of 3