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FILED: SARATOGA COUNTY CLERK 05/29/2021 11:58 AM INDEX NO. 20162946
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 05/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
WEN MEI LU, CHIN CHUNG LIN LU, NOTICE OF MOTION
LI HUA LU and LU HOLDING, LLC,
Index No.: 2016-2946
Plaintiffs,
Hon. Thomas D. Nolan
-against-
WEN Y1NG GAMBA, YUEN HSIANG LU,
WEN FU LU, and CHUEN LOU, LLC,
Defendants.
PLEASE TAKE NOTICE, that upon the acecilipanying Affirmation of Jon E. Crain,
sworn to May 29, 2021, the exhibits annexed thereto, the accompanying memorandum of law, and
all prior pleadings and proceedings in this action, Plaintiffs Wen Mei Lu ("Iris"), Chin Chung Lin
Lu"
Lu ("Mrs. or the "Mother"), Li Hua Lu ("Patty"), and Lu Holding, LLC ("Lu Holding")
(collectively, "Plaintiffs"), by and through their attorneys, Whiteman Osterman & Hanna LLP,
will move this Court, located at 30 McMaster Street, Building 3, Ballston Spa, NY 12020, on June
7, 2021, or as soon thereafter as counsel can be heard, for an Order in limine precluding Defendants
Lu"
Wen Ying Gamba ("Gamba"), Yuen Hsiang Lu ("Mr. or the "Father"), Wen Fu Lu ("Wen
Fu"), and Chuen Lou, LLC (collectively, "Defendants") from offering evidence or testimony at
trial concerning that certain criminal proceeding in Saratoga Springs City Court against Plaintiff
Iris with Docket No. CR 02945-20 (the "Criinitial Proceedliig"), and granting Plaintiffs such
further and other relief as the Court shall deem just and proper.
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FILED: SARATOGA COUNTY CLERK 05/29/2021 11:58 AM INDEX NO. 20162946
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 05/29/2021
DATED: May 29, 2021
Albany, New York WHITEMAN OSTERMAN & HANNA LLP
By:
on E. Crain, Esq.
Attorneys for Plaintiffs
One Commerce Plaza
Albany, New York 12260
(518) 487-7600
To: PHELAN, PHELAN & DANEK, LLP
Timothy S. Brennan, Esq.
Attorneys for Defendants
300 Great Oaks Blvd., Suite 315
Albany, New York 12203
(518) 640-6900
2
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FILED: SARATOGA COUNTY CLERK 05/29/2021 11:58 AM INDEX NO. 20162946 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 05/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA WEN MEI LU, CHIN CHUNG LIN LU, NOTICE OF MOTION LI HUA LU and LU HOLDING, LLC, Index No.: 2016-2946 Plaintiffs, Hon. Thomas D. Nolan -against- WEN Y1NG GAMBA, YUEN HSIANG LU, WEN FU LU, and CHUEN LOU, LLC, Defendants. PLEASE TAKE NOTICE, that upon the acecilipanying Affirmation of Jon E. Crain, sworn to May 29, 2021, the exhibits annexed thereto, the accompanying memorandum of law, and all prior pleadings and proceedings in this action, Plaintiffs Wen Mei Lu ("Iris"), Chin Chung Lin Lu" Lu ("Mrs. or the "Mother"), Li Hua Lu ("Patty"), and Lu Holding, LLC ("Lu Holding") (collectively, "Plaintiffs"), by and through their attorneys, Whiteman Osterman & Hanna LLP, will move this Court, located at 30 McMaster Street, Building 3, Ballston Spa, NY 12020, on June 7, 2021, or as soon thereafter as counsel can be heard, for an Order in limine precluding Defendants Lu" Wen Ying Gamba ("Gamba"), Yuen Hsiang Lu ("Mr. or the "Father"), Wen Fu Lu ("Wen Fu"), and Chuen Lou, LLC (collectively, "Defendants") from offering evidence or testimony at trial concerning that certain criminal proceeding in Saratoga Springs City Court against Plaintiff Iris with Docket No. CR 02945-20 (the "Criinitial Proceedliig"), and granting Plaintiffs such further and other relief as the Court shall deem just and proper. 1 of 2 FILED: SARATOGA COUNTY CLERK 05/29/2021 11:58 AM INDEX NO. 20162946 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 05/29/2021 DATED: May 29, 2021 Albany, New York WHITEMAN OSTERMAN & HANNA LLP By: on E. Crain, Esq. Attorneys for Plaintiffs One Commerce Plaza Albany, New York 12260 (518) 487-7600 To: PHELAN, PHELAN & DANEK, LLP Timothy S. Brennan, Esq. Attorneys for Defendants 300 Great Oaks Blvd., Suite 315 Albany, New York 12203 (518) 640-6900 2 2 of 2