Preview
FILED: KINGS COUNTY CLERK 11/07/2019 12:14 AM INDEX NO. 524367/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------- --------------------------------------------------------X
:
SHING MEI CHEN, LAN CHEN, CHIA KANG CHEN : Index No.
and WESTLAKE INTERNATIONAL INC., :
:
Petitioners, :
- against - : AFFIDAVIT
:
JIANPING CHEN, JING CHEN, PING WANG and :
JOSEPH FUCITO, Sheriff of the City of New York, :
:
Respondents. :
--------------------------------------------------------- ----------X
STATE OF NEW YORK )
ss.:
COUNTY OF KINGS )
CHIA KANG CHEN, being duly sworn, deposes and says:
1. I live at 70 Howard Circle, Staten Island, NY 10301.
2. By virtue of a deed, dated May 18, 2001 (the "Deed") (attached as Exhibit 1), I have a
22nd
contingent tenant in common interest in the property at 232 Bay Street, Brooklyn, NY 11214
(the "Property"), subject to a Life Estate owned by my mother, Shing Mei Chen.
3. As sole owner of the Life Estate, my mother has exclusive possession of the Property.
I do not have any right to occupy, use or possess any portion ofthe Property until my mother's death.
4. The Sheriff of the City of New York has scheduled an auction of my contingent interest
in the Property on November 13, 2019 in order to satisfy a judgment. A copy of the Real Property
Sale Advisory and Property Execution is collectively attached as Exhibit 2.
5. The auction should be stopped because my mother, the sole owner of the Life Estate with
exclusive possession ofthe Property, does not consent. She has objected to the auction, sale or other
transfer of any interest of mine in the Property. I am advised that the applicable law is clear that my
non-possessory, contingent interest in the Property cannot be sold or transferred to anyone without
my mother's consent while she is alive.
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FILED: KINGS COUNTY CLERK 11/07/2019 12:14 AM INDEX NO. 524367/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/07/2019
6. Not only should the Sheriff's auction be stopped, but the underlying judgment against me
and the other judgment debtors should be vacated because the judgment creditors have materially
breached the Settlement Agreement which brought about the judgment.
7. The parties entered into a Settlement Agreement, dated August 2, 2016 (the "Settlement
Agreement") (attached as Exhibit3) whereby the defendants in that action (including myself) agreed
to make certain payments over time. When I was unable to continue to make payments, the plaintiffs
in that action entered judgment against me and my co-defendants. A copy of the Judgment is
attached as Exhibit 4. That Judgment is the basis for the Sheriff's sale which this order to show
cause seeks to stop.
8. An additional ground for halting the Sheriff's sale and alljudgment enforcement and
execution efforts is the fact that the judgment creditors have breached a material term of the
Settlement Agreement. Paragraph 9 of the Settlement Agreement (attached as Exhibit 3) reads as
follows:
Non-Disparagement
The Parties agree that, unless required to do so by legal process, they will not
make any disparaging statements or representations, either directly or indirectly,
whether orally or in writing, by word or gesture, to any person whatsoever, about the
other Party. For purposes of this paragraph, a disparaging statement or representation
is any communication which, ifpublicized to another, would cause or tend to cause
the recipient of the communication to question the integrity, competence, good
character of the person or entity to whom the communication relates.
9. This non-disparagement clause was extremely important to me because the plaintiffs in
the prior action had made claims against me that were false and terribly disparaging to my reputation.
I am the principal owner of Westlake International Inc., an import/export company dealing in China
and the United States. My reputation is vital to my business. I cold not afford to have the plaintiffs
to spread misinformation that was business. So Iinsisted on a very strict non-
continuing hurting my
disparagement clause as a condition to the settlement.
10. Just last month, one of the judgment creditors, JianPing Chen, posted a highly
disparaging article about me on a Chinese-based local news website. The article was posted on
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FILED: KINGS COUNTY CLERK 11/07/2019 12:14 AM INDEX NO. 524367/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/07/2019
October 8, 2019 on the following website link: www.xpj11933.com/hytx/70.html. A copy of the
Dispute"
article titled, "New York Chinese Immigrants as it originally appeared in native Chinese
language, together with the English translation, is collectively attached as Exhibit 5.
11. The article appears to be the product of an interview given to a local news reporter some
years ago but was re-posted last month as if itwere current news. The article basically rehashes the
old, false allegations against me and discusses the prior lawsuit. It accuses me and my wife, Lan
"defrauding"
Chen, of the former plaintiffs in an elaborate immigration scheme. It talks about an
"indictment" documents"
of me and my wife which never happened. Itsays I "forged government
which I did not. The article posted by Mr. JianPing Chen is outrageously disparaging and hurtful
to me, my wife and my business. This is theprecise reason we inserted a non-disparagement clause
in the Settlement Agreement, to avoid any further harm to our reputation. This is a blatant breach
of paragraph 9 of the Settlement Agreement for which the Judgment should be vacated.
12. Based on the foregoing, I hereby request that the scheduled auction be stopped, that all
judgment enforcement and execution efforts be halted, that the underlying judgment against me and
the other judgment debtors be vacated, and that the relief otherwise requested in the annexed order
to show cause be granted, including but not limited to the issuance of a temporary restraining order.
13. There has been no prior application for the same or similar relief. An order to show
cause with a temporary restraining order is necessary because the Sheriff has scheduled the auction
for November 13, 2019.
hà Xang Chen
Sworn to before me this 1
ANWE LIN
day of ,'2019
Notary Public - State of New York
NO. 01LI6394240
in Kings County
Qualified
7 1, 2023
'e) My Commission Expires Jul
Notary Pubhe _ _ - _ - - - - - - - -
3
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Preview
FILED: KINGS COUNTY CLERK 11/07/2019 12:14 AM INDEX NO. 524367/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------- --------------------------------------------------------X : SHING MEI CHEN, LAN CHEN, CHIA KANG CHEN : Index No. and WESTLAKE INTERNATIONAL INC., : : Petitioners, : - against - : AFFIDAVIT : JIANPING CHEN, JING CHEN, PING WANG and : JOSEPH FUCITO, Sheriff of the City of New York, : : Respondents. : --------------------------------------------------------- ----------X STATE OF NEW YORK ) ss.: COUNTY OF KINGS ) CHIA KANG CHEN, being duly sworn, deposes and says: 1. I live at 70 Howard Circle, Staten Island, NY 10301. 2. By virtue of a deed, dated May 18, 2001 (the "Deed") (attached as Exhibit 1), I have a 22nd contingent tenant in common interest in the property at 232 Bay Street, Brooklyn, NY 11214 (the "Property"), subject to a Life Estate owned by my mother, Shing Mei Chen. 3. As sole owner of the Life Estate, my mother has exclusive possession of the Property. I do not have any right to occupy, use or possess any portion ofthe Property until my mother's death. 4. The Sheriff of the City of New York has scheduled an auction of my contingent interest in the Property on November 13, 2019 in order to satisfy a judgment. A copy of the Real Property Sale Advisory and Property Execution is collectively attached as Exhibit 2. 5. The auction should be stopped because my mother, the sole owner of the Life Estate with exclusive possession ofthe Property, does not consent. She has objected to the auction, sale or other transfer of any interest of mine in the Property. I am advised that the applicable law is clear that my non-possessory, contingent interest in the Property cannot be sold or transferred to anyone without my mother's consent while she is alive. 1 of 3 FILED: KINGS COUNTY CLERK 11/07/2019 12:14 AM INDEX NO. 524367/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/07/2019 6. Not only should the Sheriff's auction be stopped, but the underlying judgment against me and the other judgment debtors should be vacated because the judgment creditors have materially breached the Settlement Agreement which brought about the judgment. 7. The parties entered into a Settlement Agreement, dated August 2, 2016 (the "Settlement Agreement") (attached as Exhibit3) whereby the defendants in that action (including myself) agreed to make certain payments over time. When I was unable to continue to make payments, the plaintiffs in that action entered judgment against me and my co-defendants. A copy of the Judgment is attached as Exhibit 4. That Judgment is the basis for the Sheriff's sale which this order to show cause seeks to stop. 8. An additional ground for halting the Sheriff's sale and alljudgment enforcement and execution efforts is the fact that the judgment creditors have breached a material term of the Settlement Agreement. Paragraph 9 of the Settlement Agreement (attached as Exhibit 3) reads as follows: Non-Disparagement The Parties agree that, unless required to do so by legal process, they will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about the other Party. For purposes of this paragraph, a disparaging statement or representation is any communication which, ifpublicized to another, would cause or tend to cause the recipient of the communication to question the integrity, competence, good character of the person or entity to whom the communication relates. 9. This non-disparagement clause was extremely important to me because the plaintiffs in the prior action had made claims against me that were false and terribly disparaging to my reputation. I am the principal owner of Westlake International Inc., an import/export company dealing in China and the United States. My reputation is vital to my business. I cold not afford to have the plaintiffs to spread misinformation that was business. So Iinsisted on a very strict non- continuing hurting my disparagement clause as a condition to the settlement. 10. Just last month, one of the judgment creditors, JianPing Chen, posted a highly disparaging article about me on a Chinese-based local news website. The article was posted on 2 2 of 3 FILED: KINGS COUNTY CLERK 11/07/2019 12:14 AM INDEX NO. 524367/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/07/2019 October 8, 2019 on the following website link: www.xpj11933.com/hytx/70.html. A copy of the Dispute" article titled, "New York Chinese Immigrants as it originally appeared in native Chinese language, together with the English translation, is collectively attached as Exhibit 5. 11. The article appears to be the product of an interview given to a local news reporter some years ago but was re-posted last month as if itwere current news. The article basically rehashes the old, false allegations against me and discusses the prior lawsuit. It accuses me and my wife, Lan "defrauding" Chen, of the former plaintiffs in an elaborate immigration scheme. It talks about an "indictment" documents" of me and my wife which never happened. Itsays I "forged government which I did not. The article posted by Mr. JianPing Chen is outrageously disparaging and hurtful to me, my wife and my business. This is theprecise reason we inserted a non-disparagement clause in the Settlement Agreement, to avoid any further harm to our reputation. This is a blatant breach of paragraph 9 of the Settlement Agreement for which the Judgment should be vacated. 12. Based on the foregoing, I hereby request that the scheduled auction be stopped, that all judgment enforcement and execution efforts be halted, that the underlying judgment against me and the other judgment debtors be vacated, and that the relief otherwise requested in the annexed order to show cause be granted, including but not limited to the issuance of a temporary restraining order. 13. There has been no prior application for the same or similar relief. An order to show cause with a temporary restraining order is necessary because the Sheriff has scheduled the auction for November 13, 2019. hà Xang Chen Sworn to before me this 1 ANWE LIN day of ,'2019 Notary Public - State of New York NO. 01LI6394240 in Kings County Qualified 7 1, 2023 'e) My Commission Expires Jul Notary Pubhe _ _ - _ - - - - - - - - 3 3 of 3