On April 26, 2019 a
Order
was filed
involving a dispute between
Yangsil Kang Individually And As A Shareholder On Behalf Of Elim Home Care Agency, Llc And Evergreen Adult Daycare Center Inc.,
Yangsil Kang
Individually And As A Shareholder On Behalf Of Elim Home Care Agency, Llc And Evergreen Adult Daycare Center Inc.,
and
Byuyngi Koo A K A James Koo,
Byuyngi Koo
A K A James Koo,
Elim Home Care Agency, Llc,
Evergreen Adult Daycare Center Inc.,
Evergreen Adult Day Care In Flushing, Inc.,
Evergreen Adult Day Care In Ny, Inc.,
Evergreen Flushing New York Llc,
Evergreen Homecare Service Of Ny, Inc.,
Evergreen Senior Daycare Center Inc.,
Hyoungjong Koo A K A Tommy Koo,
Hyoungjong Koo
A K A Tommy Koo,
Sr Homecare Of Ny, Inc.,
for Commercial - Business Entity
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 12/03/2019 02:18 PM INDEX NO. 707381/2019
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 12/03/2019
Short Form Ordcr
NEW YORK STATE SUPREME COURT - QUEENS COUNTY
Present: HONORABLE FREDENCK D.R. SAMPSON IAS TERM, PART 3l
Justice
X
YANGSIL KANG, individually and as a Index No: 707381119
shareholder on behatf of ELIM HOME CARE Motion Date: 9/5/19
AGENCY, LLC And EVERGREEN ADULT Motion Cal. No: 37
DAYCARE CENTER INC., Motion Seq. No: 2
Plaintit].
-agalnst-
SR HOMECARE OF NY, INC,,EVERGREEN
ADULT DAY CARE IN FLUSHING INC.,
EVERGREEN ADULT DAY CARE IN NY
INC.,EVERGREEN FLUSHING NEW YORK
LLC, EVERGREEN SENIOR DAYCARE FILED
CENTER INC.. EVERGREEN HOMECARE
SERVICE OF NY, INC.,B\IINGKI KOO DEC - $ 2019
a/k/a JAMES KOO and HYLTNGJUNG KOO
COUNTY CLERK
a/k/a TOMMY KOO,
QUEENS COUNTY
Defendants.
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE CENTER
INC.,
Nominal Defendants
X
The following papers numbered E l7 to E 69 read on this motion for why an order of this
Court should nol be made and entered issuing a preliminary injunction.
PAPERS
NUMBERED
Notice ol Motion-Affi davits-Exhibits Et7-843
Answering Alfi davits-Exhibits........... E55-E69
Upon the foregoing papers, it is hereby ordered that the motion is disposed ofas follows:
-l-
1 of 2
FILED: QUEENS COUNTY CLERK 12/03/2019 02:18 PM INDEX NO. 707381/2019
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 12/03/2019
Plaintiff s application is denied without prejudice to renew upon proper papers which shall
properly authenticate the Korean translated affidavits submitted in support os the instant application.
CPLR 2l0l (b) states, "Each paper served or filed shall be in the English language which,
where practicable, shall be ofordinary usage. Where an affidavit or exhibit annexed to a paper
served or filed is in a foreign language, it shall be accompanied by an English translation and an
affidavit by the translator stating his qualifications and that the translation is accurate". Here,
plaintiff submits ten affidavits written in Korean accompanied by English translations but
submits one affidavit from a translator which purports to authenticate all ten affidavits without
any specificity. Further, the translator fails to state her qualifications or state that the translation
is accurate.
Accordingly, movants application is denied without prejudice to renew upon proper
papers which shall comport with above.
Dated: November I 8. 2019
C
NLED
DEC - 3 2019
COUNTY CLERK
Qr.r€EN S COUNTY
1_
2 of 2
Document Filed Date
December 03, 2019
Case Filing Date
April 26, 2019
Category
Commercial - Business Entity
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FILED: QUEENS COUNTY CLERK 12/03/2019 02:18 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 12/03/2019 Short Form Ordcr NEW YORK STATE SUPREME COURT - QUEENS COUNTY Present: HONORABLE FREDENCK D.R. SAMPSON IAS TERM, PART 3l Justice X YANGSIL KANG, individually and as a Index No: 707381119 shareholder on behatf of ELIM HOME CARE Motion Date: 9/5/19 AGENCY, LLC And EVERGREEN ADULT Motion Cal. No: 37 DAYCARE CENTER INC., Motion Seq. No: 2 Plaintit]. -agalnst- SR HOMECARE OF NY, INC,,EVERGREEN ADULT DAY CARE IN FLUSHING INC., EVERGREEN ADULT DAY CARE IN NY INC.,EVERGREEN FLUSHING NEW YORK LLC, EVERGREEN SENIOR DAYCARE FILED CENTER INC.. EVERGREEN HOMECARE SERVICE OF NY, INC.,B\IINGKI KOO DEC - $ 2019 a/k/a JAMES KOO and HYLTNGJUNG KOO COUNTY CLERK a/k/a TOMMY KOO, QUEENS COUNTY Defendants. ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE CENTER INC., Nominal Defendants X The following papers numbered E l7 to E 69 read on this motion for why an order of this Court should nol be made and entered issuing a preliminary injunction. PAPERS NUMBERED Notice ol Motion-Affi davits-Exhibits Et7-843 Answering Alfi davits-Exhibits........... E55-E69 Upon the foregoing papers, it is hereby ordered that the motion is disposed ofas follows: -l- 1 of 2 FILED: QUEENS COUNTY CLERK 12/03/2019 02:18 PM INDEX NO. 707381/2019 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 12/03/2019 Plaintiff s application is denied without prejudice to renew upon proper papers which shall properly authenticate the Korean translated affidavits submitted in support os the instant application. CPLR 2l0l (b) states, "Each paper served or filed shall be in the English language which, where practicable, shall be ofordinary usage. Where an affidavit or exhibit annexed to a paper served or filed is in a foreign language, it shall be accompanied by an English translation and an affidavit by the translator stating his qualifications and that the translation is accurate". Here, plaintiff submits ten affidavits written in Korean accompanied by English translations but submits one affidavit from a translator which purports to authenticate all ten affidavits without any specificity. Further, the translator fails to state her qualifications or state that the translation is accurate. Accordingly, movants application is denied without prejudice to renew upon proper papers which shall comport with above. Dated: November I 8. 2019 C NLED DEC - 3 2019 COUNTY CLERK Qr.r€EN S COUNTY 1_ 2 of 2