On February 07, 2020 a
Motion-Secondary
was filed
involving a dispute between
11 Um Food Corp.,
Urban Fresh Corp.,
Young S. Chung,
and
Barbara Janus,
Colin K. Xie,
Does 1 100,
Juicebrothers, Llc,
for Commercial Division
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 03/20/2020 01:00 PM INDEX NO. 503139/2020
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/20/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------- x
YOUNG S. CHUNG, individually and on behalf of :
URBAN FRESH CORP. and 11 UM FOOD CORP., :
: Index No. 503139/2020
Plaintiffs, :
: AFFIRMATION OF
- against - : MICHAEL KENNY
: IN SUPPORT OF MOTION BY
COLIN K. XIE, : ORDER TO SHOW CAUSE
:
Defendant. :
:
--------------------------------------------------------------------- x
I, Michael L. Kenny Jr., an attorney duly admitted to practice in the Courts of the State of
New York, hereby affirm the following under the penalty of perjury:
1. I am counsel with the law firm of Wiggin and Dana LLP, which represents
plaintiffs YOUNG S. CHUNG (“Mr. Chung”), URBAN FRESH CORP. (“Urban Fresh”) and 11
UM FOOD CORP. (“11 UM”) (together, “Plaintiffs”).
2. I submit this affirmation in support of Plaintiffs’ motion for a preliminary
injunction and temporary restraining order (Motion Seq. No. 1) (the “Motion”). The information
herein is based on my personal knowledge and/or my review of pertinent records and other
documents.
3. Pursuant to CPLR 2217(b), no prior application for the relief sought by the
Motion, or any similar relief, has ever been previously made.
4. On March 19, 2020, I emailed all the papers comprising the Motion to counsel for
defendant Colin Xie (“Defendant”), Andrew Grossman of Rha & Kim, LLP. I told Mr.
Grossman that Plaintiffs would seek the Court’s consideration of the temporary restraining order
1 of 2
FILED: KINGS COUNTY CLERK 03/20/2020 01:00 PM INDEX NO. 503139/2020
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/20/2020
sought by the Motion as soon as Monday, March 23, 2020, depending on the Court’s availability
under the present circumstances. Mr. Grossman acknowledged receipt of the Motion papers and
noted that his client would oppose the temporary restraining order.
Dated: New York, New York
March 20, 2020
Michael L. Kenny Jr.
Michael L. Kenny Jr.
2 of 2
Document Filed Date
March 20, 2020
Case Filing Date
February 07, 2020
Category
Commercial Division
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FILED: KINGS COUNTY CLERK 03/20/2020 01:00 PM INDEX NO. 503139/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------- x YOUNG S. CHUNG, individually and on behalf of : URBAN FRESH CORP. and 11 UM FOOD CORP., : : Index No. 503139/2020 Plaintiffs, : : AFFIRMATION OF - against - : MICHAEL KENNY : IN SUPPORT OF MOTION BY COLIN K. XIE, : ORDER TO SHOW CAUSE : Defendant. : : --------------------------------------------------------------------- x I, Michael L. Kenny Jr., an attorney duly admitted to practice in the Courts of the State of New York, hereby affirm the following under the penalty of perjury: 1. I am counsel with the law firm of Wiggin and Dana LLP, which represents plaintiffs YOUNG S. CHUNG (“Mr. Chung”), URBAN FRESH CORP. (“Urban Fresh”) and 11 UM FOOD CORP. (“11 UM”) (together, “Plaintiffs”). 2. I submit this affirmation in support of Plaintiffs’ motion for a preliminary injunction and temporary restraining order (Motion Seq. No. 1) (the “Motion”). The information herein is based on my personal knowledge and/or my review of pertinent records and other documents. 3. Pursuant to CPLR 2217(b), no prior application for the relief sought by the Motion, or any similar relief, has ever been previously made. 4. On March 19, 2020, I emailed all the papers comprising the Motion to counsel for defendant Colin Xie (“Defendant”), Andrew Grossman of Rha & Kim, LLP. I told Mr. Grossman that Plaintiffs would seek the Court’s consideration of the temporary restraining order 1 of 2 FILED: KINGS COUNTY CLERK 03/20/2020 01:00 PM INDEX NO. 503139/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/20/2020 sought by the Motion as soon as Monday, March 23, 2020, depending on the Court’s availability under the present circumstances. Mr. Grossman acknowledged receipt of the Motion papers and noted that his client would oppose the temporary restraining order. Dated: New York, New York March 20, 2020 Michael L. Kenny Jr. Michael L. Kenny Jr. 2 of 2