Motion-Secondary: Wen Mei Lu, Chin Chung Lu, Li Hua Lu, Lu Holding Llc v. Yuen Hsiang Lu, Wen Ying Gamba, Wen Fu Lu

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                                At a term of the Supreme Court of
                                                                                 the State of New York, held in and for
                                                                                 the County of Saratoga, at the
                                                                                 Saratoga County Courthouse, 30
                                                                                 McMaster Street, Village of Ballston
                                                                                 Spa, New York on the __ day of ________
                                                                                 2021.

                  SUPREME COURT OF THE STATE OF NEW YORK

                  COUNTY OF SARATOGA
                  _____________________________________________

                  WEN MEI LU, CHIN CHUNG LIN LU,
                  LI HUA LU AND LU HOLDING, LLC,

                                                      Plaintiffs,                                  Order to Show Cause
                           -against-                                                               Index No.: 2016-2946
                                                                                                   RJI No.: 45-1-2016-1480
                  WEN YING GAMBA, YUEN HSIANG LU,
                  and WEN FU LU,

                                                      Defendants.
                  _____________________________________________

                           Upon the affirmation of the Temporary Receiver, David A. Harper, Esq., in the above

                  entitled action, sworn to the ___ day of April, 2021, and upon all the papers and proceedings

                  heretofore had herein,

                           Let the defendants and the plaintiffs show cause at a term of this Court to be held at the

                  courthouse thereof, located at 30 McMaster Street in the Village of Ballston Spa, NY on the ____

                  day of May, 2021 at ________ o’clock in the _____ noon of that day, or as soon thereafter as

                  counsel can be heard, why an order should not be made:

                           (A)      authorizing the receiver to repair the exterior walls, eaves & foundation of the

                  premises located at 175 South Broadway, Saratoga Springs in accordance with the annexed estimate

                  of Vish & Brother,




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                           (C)      approving the payment of all of the expenses set forth in the temporary receiver’s

                  said affirmation,

                           (D)      awarding interim commissions in the amount of $2,992.34 to the temporary receiver,

                           (E)      dispensing with any requirement to deposit the monies collected during this

                  receivership into an interest bearing account,

                           (F)      authorizing the transfer of the sum of $50,000 from the receivership account at the

                  Adirondack Trust Company to the receivership account at the Saratoga National Bank.

                           The above entitled action is to impose a constructive trust upon real property and for money

                  damages.

                           Oral argument shall/shall not be required on the return date of this motion.

                           Sufficient reason appearing therefor, let service of a copy of this order, together with the

                  papers upon which it was granted, made personally or by regular mail/certified mail, return receipt

                  requested, upon the attorney Jon Crain, Esq. for the plaintiffs and the attorney Tim Brennan, Esq.

                  for the defendants, and any other person as the court may direct, on or before the ____ day of

                  _________ 2021, be deemed good and sufficient service.

                  Dated:   ___________, 2021

                                                                                 ENTER,

                                                                                 ___________________________
                                                                                               J. S.C.




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