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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
WEN MEI LU, CHIN CHUNG LIN LU, JUDGMENT
LI HUA LU and LU HOLDING, LLC,
Index No.: 2016-2946
Plaintiffs,
Hon. James E. Walsh
-against-
'WEN Y11VG GAM:BA, iTUEN HSIikNG
and CHUEN LOU, LLC,
Defendants.
WHEREAS Plaintiffs commenced this action by Summons and Verified Complaint filed
November 2, 2016; and
WHEREAS Defendants filed a Verified Answer on or about November 17, 2016; and
WHEREAS the Court placed the Saratoga Properties (as defined below) in receivership
by Order of this Court dated July 6, 2017 and entered July 14, 2017; and
WHEREAS by Order of this Court dated December 14, 2017 and entered December 26,
2017, the Receiver was directed to enter into an "Occupancy Agreement" between the Receiver
and former Defendant Wen Fu Lu, concerning the 3310 S. Broadway Property (as defined below)
and such Occupancy Agreement was thereafter executed by the Receiver and Wen Fu Lu;
WHEREAS Defendants filed an Amended Verified Answer with Counterclaims on or
about March 17, 2020; and
WHEREAS Plaintiffs filed a Verified Reply to Counterclaims on or about July 1, 2020;
and
WHEREAS Plaintiffs filed Note of Issue July 17, 2020; and
WHEREAS the Court issued a Decision and Order on cross-motions for summary
judgment dated and entered December 8, 2020 denying Defendants' motion for summary
judgment with respect to Plaintiffs' first and second causes of action in the Verified Complaint,
granting Defendants' motion for summary judgment dismissing Plaintiffs' third and fourth causes
of action in the Verified Complaint, denying Defendants' motion for summary judgment with
respect to the fifth cause of action in the Verified Complaint, denying Plaintiffs' cross-motion for
summary judgment with respect to Defendants' first and second counterclaims in the First
Amended Verified Answer, and granting Plaintiffs' cross-motion for summary judgment
dismissing Defendants' third, fourth, fifth, and sixth counterclaims in the First Amended Verified
Answer;
WHEREAS Plaintiffs filed an Amended Verified Complaint, on consent, on or about June
17, 2021; and
WHEREAS Defendants filed a Second Amended Verified Answer with Counterclaims,
on consent, on or about June 18, 2021; and
WHEREAS Plaintiffs filed a Second Verified Reply to Counterclaims, on consent, on or
about June 18, 2021; and
WHEREAS a jury trial was duly conducted in the above-captioned action from June 21,
2021 through July 1, 2021, during which all issues of fact were tried; and
WHEREAS Plaintiffs withdrew the second cause of action in the Amended Verified
Complaint prior to the jury verdict herein;
WHEREAS the jury has duly rendered its verdict; and pursuant to that verdict
NOW, THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED that
Plaintiffs' first cause of action in the Amended Verified Complaint is granted; and it is further
2
ORDERED, ADJUDGED AND DECREED that Plaintiffs' third of action in the
Amended Verified Complaint and Defendants' first and second counterclaims in the Second
Amended Verified Answer are severed from this Judgment and shall be resolved upon submission
in accordance with a briefing schedule set by the Court on the record; and it is further
ORDERED, ADJUDGED AND DECREED that certain real property located at and
commonly known as 175 S. Broadway, Saratoga Springs, Saratoga County, New York, identified
as City of Saratoga Springs SBL Nos. 165.83-1-26.1 and 165.83-1-26.2, and as further described
in the deed annexed hereto in Schedule A and made a part hereof hereto (the "175 S. Broadway
Property"), certain real property located at and commonly known as 3310 S. Broadway, Saratoga
Springs, Saratoga County, New York, identified as City of Saratoga Springs SBL No. 191.8-1-47,
and as further described in the deed annexed hereto in Schedule B and made a part hereof (the
"3310 S. Broadway Property"), and certain real property located at and commonly known as 4
Christian Court, Guilderland, Albany County, New York, identified as Town of Guilderland SBL
No. 51.12-5-18, and as further described in the deed annexed hereto in Schedule C and made a
part hereof (the "4 Christian Court Property" and together with the 175 S. Broadway Property and
the 3310 S. Broadway Property, hereinafter sometimes collectively referred to as the "Properties)
are owned by Plaintiffs in fee simple, as joint tenants with right of survivorship; and it is further
ORDERED, ADJUDGED AND DECREED that Defendants and all persons claiming
under Defendants shall be and they are forever barred and foreclosed from asserting any right,
title, or interest in the Properties; and it is further
ORDERED, ADJUDGED AND DECREED that this Judgment shall be recorded in the
Saratoga County Clerk's Office against the 175 S. Broadway Property as if it were a properly
signed and acknowledged deed transferring all right, title interest of Defendant Chuen Lou, LLC,
3
Defendant Wen Ying Gamba and Defendant Yuen Hsiang Lu in and to the 175 S. Broadway
Property to Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, as joint tenants
with rights of survivorship; and it is further
ORDERED, ADJUDGED AND DECREED that this Judgment shall be recorded in the
Saratoga County Clerk's Office against the 3310 S. Broadway Property as if it were a properly
signed and acknowledged deed transferring all right, title interest of Defendant Chuen Lou, LLC,
Defendant Wen Ying Gamba and Defendant Yuen Hsiang Lu in and to the 3310 S. Broadway
Property to Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, as joint tenants
with rights of survivorship; and it is further
ORDERED, ADJUDGED AND DECREED that this Judgment shall be recorded in the
Albany County Clerk's Office against the 4 Christian Court Property as if it were a properly signed
and acknowledged deed transferring all right, title interest of Defendant Chuen Lou, LLC,
Defendant Wen Ying Gamba and Defendant Yuen Hsiang Lu to Wen Mei Lu, Chin Chung Lin
Lu, Li Hua Lu, and Lu Holding, LLC, as joint tenants with rights of survivorship; and it is further
ORDERED, ADJUDGED AND DECREED that the County Clerk for the County of
Saratoga is directed to index this Judgment against the 175 S. Broadway Property in the grantor
indexes maintained by the County Clerk, with the Defendant Chuen Lou, LLC indexed as Grantor
and Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC collectively indexed as
Grantees, to reflect that 100% of the fee simple interest in and to the 175 S. Broadway Property is
hereby vested in Plaintiffs as joint tenants with rights of survivorship; and it is further
ORDERED, ADJUDGED AND DECREED that the County Clerk for the County of
Saratoga is directed to index this Judgment against the 3310 S. Broadway Property in the grantor
indexes maintained by the County Clerk, with the Defendant Chuen Lou, LLC indexed as Grantor
4
and Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC collectively indexed as
Grantees, to reflect that 100% fee simple interest in and to the 3310 S. Broadway Property is hereby
vested in Plaintiffs as joint tenants with rights of survivorship; and it is further
ORDERED, ADJUDGED AND DECREED that the County Clerk for the County of
Albany is directed to index this Judgment against the 4 Christian Court Property in the grantor
indexes maintained by the County Clerk, with Wen Ying Gamba, as to her 50% interest, indexed
as Grantor and Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC collectively
indexed as Grantees, to reflect that 100% fee simple, as to Wen Ying Gamba's interest, in and to
the 4 Christian Court Property is hereby vested in Plaintiffs as joint tenants with rights of
survivorship;
ORDERED, ADJUDGED AND DECREED that the receivership over the Saratoga
Properties entered by Order of this Court dated July 6, 2017 and entered July 14, 2017, is hereby
terminated and the Receiver removed pursuant to CPLR 6405, and the Receiver is directed (a) to
transfer the funds held by him in that certain receivership account with Saratoga National Bank
($250,000.00) to Plaintiffs, by check made out to Whiteman Osterman & Hanna LLP f/b/o Wen
Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, (b) to submit a final accounting
for approval by this Court on or before 2021, whereupon all outstanding
fees owed to the Receiver are to be deducted from that certain receivership account with
Adirondack Trust Company, and the remainder of the funds in said account shall be remitted to
Plaintiffs, by check made out to Whiteman Osterman & Hanna LLP f/b/o Wen Mei Lu, Chin
Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC; and (c) to deliver all keys to the Properties in
his possession to Plaintiffs' counsel, Jon Crain of Whiteman Osterman & Hanna LLP; and it is
further
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ORDERED,ADJUDGED AND DECREED that Plaintiffs shall be entitled to interest on
all funds paid by the Receiver to Plaintiffs pursuant to this Judgment pursuant to CPLR 5001, at
the rate of 9% per annum, accruing on each rental check collected by the Receiver during the
pendency of the receivership from the date of said collection, with the total monetary judgment to
be determined by the Court following approval of the Receiver's final accounting; and it is further
ORDERED, ADJUDGED AND DECREED that the "Occupancy Agreement" between
the Receiver and former Defendant Wen Fu Lu, entered pursuant to Order of this Court dated
December 14, 2017 and entered December 26, 2017, is hereby terminated, and that such
termination shall be effective immediately, and Plaintiffs are hereby awarded possession of the
3310 S. Broadway Property; and it is further
ORDERED, ADJUDGED AND DECREED that Plaintiffs shall have the option to
structure any future ownership of the Properties in the legal entities of their choosing, and the
respective County Clerk's offices shall accept for recording any deeds, instruments and documents
effectuating the transfer of the Properties from Plaintiffs into such legal entities.
ORDERED, ADJUDGED AND DECREED that Defendants Wen Ying Gamba, Yuen
Hsiang Lu, and Chuen Lou, LLC shall execute and deliver forthwith such instruments and
documents (not creating any obligations additional to those otherwise imposed by this Judgment)
upon presentation by Plaintiffs and take such additional actions as may be necessary or desirable
to consummate and give full effect to the arrangements contemplated by this Judgment.
DATED: July , 2021
Ballston Spa, NY 12020
HON. JAMES E. WALSH
SUPREME COURT JUSTICE
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SCHEDULE A
DEED FOR 175 S. BROADWAY PROPERTY
7
SARATOGA COUNTY — STATE OF NEW YORK
SARATOGA COUNTY CLERK
CRAIG A. HAYNER
40 MCMASTER STREET, BALLSTON SPA, NY 12020
COUNTY CLERK'S RECORDING PAGE
*"THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH*"
iii I II III
Recording:
Pages
Cover sheet
Recording
Cultural
Records
Records
Fee
Ed
Fee
Management
Management
-
-
Coun
Stat
15.00
5.00
20.00
14.25
1.00
4.75
INSTRUMENT #: 2017006332 RP5217 - County 9.00
RP5217 All others - State 241.00
Receipt#: 2017212098950 Names 0.00
Clerk: GW TP 584 5.00
Rec Date: 02/24/2017 12:33:50 PM
Doc Grp: 0 Sub Total: 315.00
Descrip: DEED
Num Pgs: 4 Transfer Tax
Transfer Tax 0.00
Partyl: GAMBA WEN YING
Party2: CHUEN LOU LLC sub Total: 0.00
Town: SARATOGA SPRINGS
Total: 315.00
**** NOTICE: THIS IS NOT A BILL ****
***** Transfer Tax *****
Transfer Tax #: 4532
Transfer Tax
Consideration: 0.00
Total: 0.00
Record and Return To:
CHUEN LOU LLC
C/O WEN GAMBA
10 LINCOLN ROAD
MONTAUK NY 119524
P-0927
2017000332
02124/2017
12:33:50 PM
4 Pages RECORDED
DEED
Saratoga Sooty Dark
Bargain & Snlo Deed -
with covenant against grantor's acts
intl. or corp.
THIS INDENTURE made this 3 day of January, Two
Thousand Seventeen
BETWEEN
WEN GAMBA, having an address of 10 Lincoln Road,
Montauk, New York 11954
Party of the first part,
CHUEN LOU, LLC, a New York Limited Liability Company having
an address of 10 Lincoln Road, Montauk, New York 11954
Party of the second part,
Witneaseth that the Party of the first part, in consideration of TEN Dollars
($10.00)lawful money of the United States, and other good and valuable
consideration paid by the Party of the second part, does hereby grant and
release unto the Party of the second part, his heirs and assigns forever,
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at 175 South
Broadway, in the City of Saratoga Springs, County of Saratoga and State
of New York more particularly bounded and described as
follows:
BEGINNING at a point in the West line of Broadway about 170 feet
South of the southwest corner of Broadway and South Street at a
surveyor's stake in the ground near where a white fence stood in April,
1860; running thence westerly at right angle with Broadway to Hamilton
Street; thence southerly along Hamilton Street as said street has been
surveyed 100 feet;thence easterly on a line parallel with the first
mentioned lineto Broadway; thence northerly along Broadway 100 feet
to the point of beginning,
ALSO a right of way to and along the rear of the premises above
described from South Street, on a line continuous with Hamilton Street
as opened in 1867 and being the same premises conveyed by Eliza
Sheehan to Charles F. Wood on 4/9/1884.
THE PART of land being transferred is all the tract or parcel of land
situate in the City of Saratoga Springs, County of Saratoga and State of
New York, bounded and described as follows:
BEGINNING at a point on the South line of lands of Yuen Hsiang
Lu as recorded in the Saratoga County Clerk's Office in Liber 1386 Cp
157. Said point is further described as being North 70° 23' 51" West,
141.44 feet from the southeast corner of lands of said Lu, thence along
the South line of lands of said Lu, North 78° 23' 51" West, 68.58 feet to a
point; thence through the lands of Lu, South 79" 30' 27" East, 68,57 feet
to a point; and thence South 10° 29' 33" West, 1,33 feet to the point of
beginning. Alldistances are level and allbearings are based on True
North,
P-0928
Property Address; 175 So. Broadway, Saratoga Springs, NY 12866
Tax Map No.: 165.83-1-26.1 86 165.83-1-26,2
BEING the same premises conveyed to Wen Ying Gamba by Yuen
Hsiang Lu by deed dated April 8,2015 and recorded in the Saratoga
County Clerk's Office on April 22, 2015 as Instrument # 2015011204,
Also being the same premises conveyed by Wen Mei Lu as attorney in
fact for Yuen Hsiang Lu to Lu Holding, LLC by Instruments #
2015010598 and # 2015010763 which said conveyances were
determined to be invalid and ineffective the ornrAmentinnert
conveyance to the Grantor herein Wen Ying Gamba at Instrument
#2015011204 was determined to be valid and effective by New York State
Supreme Court Saratoga County (Justice Thomas D. Nolan, Jr.,
Presiding) by Decision, Order and Judgment dated July 8, 2016 and
entered in the Saratoga County Clerk's Office on July 19, 2016, Index
No.; 20153068,
SUBJECT TO the enforceable restrictive covenants, conditions and
easements of record now affecting said premises.
TOGETHER with all right, title and interest, if any, of the Party of
the First Part in and to any streets and roads abutting the above-
described premises to the center lines thereof;
TOGETHER with the appurtenances and allother estate and
rights of the Party of the First Part in and to said premises;
TO HAVE AND TO HOLD the premises herein granted unto the
Party of the Second Part, the heirs, successors and assigns of the Party
of the Second Part forever.
AND the Party of the FirstPart covenants that the Party of the
First Part has not done or suffered anything whereby the said premises
have been encumbered in any way whatever, except as aforesaid.
AND the. Party of the First Part, in compliance with Section13 of
the Lien Law, covenants that the Party of the First Part will receive the
consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying
the cost of the improvement and will apply the same first to the payment
of the cost of the improvement before using any part of the total of the
same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever
the sense of this Indenture so requires.
P-0929
SCHEDULE B
DEED FOR 3310 S. BROADWAY PROPERTY
8
SARATOGA COUNTY STATE OF NEW YORK
SARATOGA COUNTY CLERK
CRAIG A,HAYNER
40 MCMASTER STREET,SALLSTON SPA, NY 12020
COUNTY CLERK'S RECORDING PAGE
*"'THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH***
iii IIII I II
Recording:
Pages
Cover
Recording
Cultural
Records
Records
sheet
Fee
Ed
Fee
Management
Management
-
-
Coun
Stat
15.00
5.00
20.00
14.25
1.00
4,75
INSTRUMENT #: 2017006333 RP5217 - County 9.00
RP5217 All others - State 241.00
Receipt#: 2017212098950 Names 0.00
Clerk: GW TP 584 5.00
Rec Date: 02/24/2017 12:33:50 PM
Doc Grp: sub Total: 315.00
Descrip: DEED
Num Pgs: 4 Transfer Tax
Transfer Tax 0.00
Partyl: GAMBA WEN PING
Party2: CHUEN LOU LLC Sub Total: 0.00
Town: SARATOGA SPRINGS
Total: 315.00
**** NOTICE: THIS IS NOT A BILL ****
***** Transfer Tax *****
Transfer Tax #: 4533
Transfer Tax
Consideration: 0.00
Total: 0.00
Record and Return To:
CHUEN LOU LLC
C/O WEN GAMBA
10 LINCOLN ROAD
MONTAUK NY 119524
P-0931
2017006333
02/24/2017
12:33:50 PM
4 Pages RECORDED
DEED
Saratoga County Clerk
Bargain & Sale Deed -
with covenant against grantor's acts - ind, or corp.
THIS INDENTURE made this day of January, Two
Thousand Seventeen
BETWEEN
WEN vENT1 GAMBA, having an address of 10 Lincoln Road,
Montauk, New York 11954
Party of the first part,
CHUEN LOU, LLC, a New York Limited Liability Company having
an address of 10 Lincoln Road, Montauk, New York 11954
Party of the second part,
Witnesseth that the Party of the first part, in consideration of TEN Dollars
($10.00)lawful money of the United States, and other good and valuable
consideration paid by the Party of the second part, does hereby grant and
release unto the Party of the second part, his heirs and assigns forever,
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at US Route
9, in the City of Saratoga Springs, County of Saratoga and State of New
York; and being bounded and more particularly described as follows:
THAT PARCEL OF LAND consisting of Lots Nos. 36, 37, 38, 39, 40,
41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 61,
62, 100, 101, 102, 103, 104, 105, 106 and 107 on a certain Map of
Saratoga Manors made by S. J. Mott, C.E., Block 2, Section 1, dated
April 1926 and flied inthe Office of the Clerk of the County of Saratoga
at Ballston Spa, in the State of New York on 5/19/26.
ALSO KNOWN AND DISTINGUISHED AS Lots Nos. 1 and 2 upon a
map of property of Ford & King, Nelson Avenue, Saratoga Springs, made
by L.D. Cromer in 1873, On the East said lots extend 100 feetalong
Nelson Avenue, on the North they extend along Gridley Avenue, on the
West along Lots No. 44 and 45, and on the South along Lot No.3, as laid
down on said map, along which they extend 137,5 feet, said lots being
100 feet front and 137.5 feet deep, taken together; being one of the
parcels conveyed by Patrick T. Malone to Mary Malone by deed of
8/11/21 recorded in the Saratoga County Clerks Office on 8/15/21 in
Book 314 of Deeds at Page 417.
ALSO, Grantor does hereby grant and release unto the Grantee,
the heirs or successors and assigns of the Grantee forever, such
additional lands inclusive of the premises above described which are laid
out on a "Map Showing the Property Boundary Agreements of the lands
of Frank J. Rocco, Jr., Louis Rocco and Michael Malone, made by Robert
D. Kirker, Assoc. (Joseph G. Dee surveyor, L.S. 46555) dated May 1971
and filed in the Saratoga county Clerk's Office and described as follows:
BEGINNING at an iron pin set in the ground on the West bounds of
Nelson Avenue which point is 106,5 feet southerly of an iron pin found at
P-0932
the southwest corner of the intersection of Gridley Avenue and Nelson
Avenue; running thence South 69° 13' 19" West, 137.5 feet to an iron pin
set in the ground; thence North 19° 56' 30" West, 104,5 feet to the
southerly bounds of Gridley Avenue; thence North 68° 23' 30" East 137.5
feet, more or less to the aforementioned iron pin found at the southwest
corner of the intersection of Gridley Avenue and Nelson Avenue; thence
South 19° 56' 30" East, 106.5 feet to the point or place of BEGINNING.
EXCEPTING and reserving therefrom lands appropriated by the
New York State Department of Public Works Bureau of Rights of Way and
Claims by Notice of Appropriation recorded in the Saratoga County
Clerk's Office 6/17/60 in Book 691 of Deeds at Page 113.
SUBJECT to restrictions of record.
BEING AND INTENDED TO BE the same premises described in the
deed dated 10/28/93 and recorded in the Saratoga County Clerk's Office
on 6/6/94 at Liber 1386 Cp 155 & 159,
Property Address: 3310 So, Broadway, Saratoga Springs, NY 12866
Tax Map No.: 191.84-47
BEING the same premises convoyed to Wen Ying Gamba by Yuen
Hsiang Lu by deed dated April 8, 2015 and recorded in the Saratoga
County Clerk's Office on April 22, 2015 as Instrument # 2015011203.
Also being the same premises conveyed by Wen Mei Lu as attorney in
fact for Yuen Hsiang Lu to Lu Holding, LLC by Instruments #
2015010602 and # 2015010764 which said conveyances were
determined to be invalid and ineffective and the aforementioned
conveyance to the Grantor herein Wen Ying Gamba at Instrument
#2015011203 was determined to be valid and effective by New York State
Supreme Court Saratoga County (Justice Thomas D. Nolan, Jr,,
Presiding) by Decision, Order and Judgment dated July 8, 2016 and
entered in the Saratoga County Clerk's Office on July 19, 2016, Index
No.: 20153068.
SUBJECT TO the enforceable restrictive covenants, conditions and
easements of record now affecting said premises.
TOGETHER with all right, title and interest, if any, of the Party of
the First Part in and to any streets and roads abutting the above-
described premises to the center lines thereof;
TOGETHER with the appurtenances and all other estate and
rights of the Party of the First Part in and to said premises;
TO HAVE AND TO HOLD the premises herein granted unto the
Party of the Second Part, the heirs, successors and assigns of the Party
of the Second Part forever.
AND the Party of the First Part covenants that the Party of the
First Part has not done or suffered anything whereby the said premises
have been encumbered in any way whatever, except as aforesaid.
P-0933
AND the Party of the First Part, in compliance with Section 13 of
the Lien Law, covenants that the Party of the First Part will receive the
consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying
the cost of the improvement and will apply the same first to the payment
of the cost of the improvement before using any part of the total of the
same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever
the sense of this Indenture so requires.
In Witness Whereof, the Party of the first part has hereunto set
their hands and seal the clay and year first above written,
IN PRESENCE OF
en Ying Gamba
State of New York
County of g vP 1 K.. ) ss,
On the 3 day of Jan IA , 2017 before me, the
undersigned, personally appeared WEN Y G GAMBA, personally known
to me or provided to me on the basis of satisfactory evidence, to be the
individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity and that
by her signature on the instrument, the individual or the person upon
behalf of which the individual acted, executed the instrument.
SHELLEY GUERRERO
NOTARY PUB
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA WEN MEI LU, CHIN CHUNG LIN LU, JUDGMENT LI HUA LU and LU HOLDING, LLC, Index No.: 2016-2946 Plaintiffs, Hon. James E. Walsh -against- 'WEN Y11VG GAM:BA, iTUEN HSIikNG and CHUEN LOU, LLC, Defendants. WHEREAS Plaintiffs commenced this action by Summons and Verified Complaint filed November 2, 2016; and WHEREAS Defendants filed a Verified Answer on or about November 17, 2016; and WHEREAS the Court placed the Saratoga Properties (as defined below) in receivership by Order of this Court dated July 6, 2017 and entered July 14, 2017; and WHEREAS by Order of this Court dated December 14, 2017 and entered December 26, 2017, the Receiver was directed to enter into an "Occupancy Agreement" between the Receiver and former Defendant Wen Fu Lu, concerning the 3310 S. Broadway Property (as defined below) and such Occupancy Agreement was thereafter executed by the Receiver and Wen Fu Lu; WHEREAS Defendants filed an Amended Verified Answer with Counterclaims on or about March 17, 2020; and WHEREAS Plaintiffs filed a Verified Reply to Counterclaims on or about July 1, 2020; and WHEREAS Plaintiffs filed Note of Issue July 17, 2020; and WHEREAS the Court issued a Decision and Order on cross-motions for summary judgment dated and entered December 8, 2020 denying Defendants' motion for summary judgment with respect to Plaintiffs' first and second causes of action in the Verified Complaint, granting Defendants' motion for summary judgment dismissing Plaintiffs' third and fourth causes of action in the Verified Complaint, denying Defendants' motion for summary judgment with respect to the fifth cause of action in the Verified Complaint, denying Plaintiffs' cross-motion for summary judgment with respect to Defendants' first and second counterclaims in the First Amended Verified Answer, and granting Plaintiffs' cross-motion for summary judgment dismissing Defendants' third, fourth, fifth, and sixth counterclaims in the First Amended Verified Answer; WHEREAS Plaintiffs filed an Amended Verified Complaint, on consent, on or about June 17, 2021; and WHEREAS Defendants filed a Second Amended Verified Answer with Counterclaims, on consent, on or about June 18, 2021; and WHEREAS Plaintiffs filed a Second Verified Reply to Counterclaims, on consent, on or about June 18, 2021; and WHEREAS a jury trial was duly conducted in the above-captioned action from June 21, 2021 through July 1, 2021, during which all issues of fact were tried; and WHEREAS Plaintiffs withdrew the second cause of action in the Amended Verified Complaint prior to the jury verdict herein; WHEREAS the jury has duly rendered its verdict; and pursuant to that verdict NOW, THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED that Plaintiffs' first cause of action in the Amended Verified Complaint is granted; and it is further 2 ORDERED, ADJUDGED AND DECREED that Plaintiffs' third of action in the Amended Verified Complaint and Defendants' first and second counterclaims in the Second Amended Verified Answer are severed from this Judgment and shall be resolved upon submission in accordance with a briefing schedule set by the Court on the record; and it is further ORDERED, ADJUDGED AND DECREED that certain real property located at and commonly known as 175 S. Broadway, Saratoga Springs, Saratoga County, New York, identified as City of Saratoga Springs SBL Nos. 165.83-1-26.1 and 165.83-1-26.2, and as further described in the deed annexed hereto in Schedule A and made a part hereof hereto (the "175 S. Broadway Property"), certain real property located at and commonly known as 3310 S. Broadway, Saratoga Springs, Saratoga County, New York, identified as City of Saratoga Springs SBL No. 191.8-1-47, and as further described in the deed annexed hereto in Schedule B and made a part hereof (the "3310 S. Broadway Property"), and certain real property located at and commonly known as 4 Christian Court, Guilderland, Albany County, New York, identified as Town of Guilderland SBL No. 51.12-5-18, and as further described in the deed annexed hereto in Schedule C and made a part hereof (the "4 Christian Court Property" and together with the 175 S. Broadway Property and the 3310 S. Broadway Property, hereinafter sometimes collectively referred to as the "Properties) are owned by Plaintiffs in fee simple, as joint tenants with right of survivorship; and it is further ORDERED, ADJUDGED AND DECREED that Defendants and all persons claiming under Defendants shall be and they are forever barred and foreclosed from asserting any right, title, or interest in the Properties; and it is further ORDERED, ADJUDGED AND DECREED that this Judgment shall be recorded in the Saratoga County Clerk's Office against the 175 S. Broadway Property as if it were a properly signed and acknowledged deed transferring all right, title interest of Defendant Chuen Lou, LLC, 3 Defendant Wen Ying Gamba and Defendant Yuen Hsiang Lu in and to the 175 S. Broadway Property to Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, as joint tenants with rights of survivorship; and it is further ORDERED, ADJUDGED AND DECREED that this Judgment shall be recorded in the Saratoga County Clerk's Office against the 3310 S. Broadway Property as if it were a properly signed and acknowledged deed transferring all right, title interest of Defendant Chuen Lou, LLC, Defendant Wen Ying Gamba and Defendant Yuen Hsiang Lu in and to the 3310 S. Broadway Property to Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, as joint tenants with rights of survivorship; and it is further ORDERED, ADJUDGED AND DECREED that this Judgment shall be recorded in the Albany County Clerk's Office against the 4 Christian Court Property as if it were a properly signed and acknowledged deed transferring all right, title interest of Defendant Chuen Lou, LLC, Defendant Wen Ying Gamba and Defendant Yuen Hsiang Lu to Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, as joint tenants with rights of survivorship; and it is further ORDERED, ADJUDGED AND DECREED that the County Clerk for the County of Saratoga is directed to index this Judgment against the 175 S. Broadway Property in the grantor indexes maintained by the County Clerk, with the Defendant Chuen Lou, LLC indexed as Grantor and Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC collectively indexed as Grantees, to reflect that 100% of the fee simple interest in and to the 175 S. Broadway Property is hereby vested in Plaintiffs as joint tenants with rights of survivorship; and it is further ORDERED, ADJUDGED AND DECREED that the County Clerk for the County of Saratoga is directed to index this Judgment against the 3310 S. Broadway Property in the grantor indexes maintained by the County Clerk, with the Defendant Chuen Lou, LLC indexed as Grantor 4 and Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC collectively indexed as Grantees, to reflect that 100% fee simple interest in and to the 3310 S. Broadway Property is hereby vested in Plaintiffs as joint tenants with rights of survivorship; and it is further ORDERED, ADJUDGED AND DECREED that the County Clerk for the County of Albany is directed to index this Judgment against the 4 Christian Court Property in the grantor indexes maintained by the County Clerk, with Wen Ying Gamba, as to her 50% interest, indexed as Grantor and Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC collectively indexed as Grantees, to reflect that 100% fee simple, as to Wen Ying Gamba's interest, in and to the 4 Christian Court Property is hereby vested in Plaintiffs as joint tenants with rights of survivorship; ORDERED, ADJUDGED AND DECREED that the receivership over the Saratoga Properties entered by Order of this Court dated July 6, 2017 and entered July 14, 2017, is hereby terminated and the Receiver removed pursuant to CPLR 6405, and the Receiver is directed (a) to transfer the funds held by him in that certain receivership account with Saratoga National Bank ($250,000.00) to Plaintiffs, by check made out to Whiteman Osterman & Hanna LLP f/b/o Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC, (b) to submit a final accounting for approval by this Court on or before 2021, whereupon all outstanding fees owed to the Receiver are to be deducted from that certain receivership account with Adirondack Trust Company, and the remainder of the funds in said account shall be remitted to Plaintiffs, by check made out to Whiteman Osterman & Hanna LLP f/b/o Wen Mei Lu, Chin Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC; and (c) to deliver all keys to the Properties in his possession to Plaintiffs' counsel, Jon Crain of Whiteman Osterman & Hanna LLP; and it is further 5 ORDERED,ADJUDGED AND DECREED that Plaintiffs shall be entitled to interest on all funds paid by the Receiver to Plaintiffs pursuant to this Judgment pursuant to CPLR 5001, at the rate of 9% per annum, accruing on each rental check collected by the Receiver during the pendency of the receivership from the date of said collection, with the total monetary judgment to be determined by the Court following approval of the Receiver's final accounting; and it is further ORDERED, ADJUDGED AND DECREED that the "Occupancy Agreement" between the Receiver and former Defendant Wen Fu Lu, entered pursuant to Order of this Court dated December 14, 2017 and entered December 26, 2017, is hereby terminated, and that such termination shall be effective immediately, and Plaintiffs are hereby awarded possession of the 3310 S. Broadway Property; and it is further ORDERED, ADJUDGED AND DECREED that Plaintiffs shall have the option to structure any future ownership of the Properties in the legal entities of their choosing, and the respective County Clerk's offices shall accept for recording any deeds, instruments and documents effectuating the transfer of the Properties from Plaintiffs into such legal entities. ORDERED, ADJUDGED AND DECREED that Defendants Wen Ying Gamba, Yuen Hsiang Lu, and Chuen Lou, LLC shall execute and deliver forthwith such instruments and documents (not creating any obligations additional to those otherwise imposed by this Judgment) upon presentation by Plaintiffs and take such additional actions as may be necessary or desirable to consummate and give full effect to the arrangements contemplated by this Judgment. DATED: July , 2021 Ballston Spa, NY 12020 HON. JAMES E. WALSH SUPREME COURT JUSTICE 6 SCHEDULE A DEED FOR 175 S. BROADWAY PROPERTY 7 SARATOGA COUNTY — STATE OF NEW YORK SARATOGA COUNTY CLERK CRAIG A. HAYNER 40 MCMASTER STREET, BALLSTON SPA, NY 12020 COUNTY CLERK'S RECORDING PAGE *"THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH*" iii I II III Recording: Pages Cover sheet Recording Cultural Records Records Fee Ed Fee Management Management - - Coun Stat 15.00 5.00 20.00 14.25 1.00 4.75 INSTRUMENT #: 2017006332 RP5217 - County 9.00 RP5217 All others - State 241.00 Receipt#: 2017212098950 Names 0.00 Clerk: GW TP 584 5.00 Rec Date: 02/24/2017 12:33:50 PM Doc Grp: 0 Sub Total: 315.00 Descrip: DEED Num Pgs: 4 Transfer Tax Transfer Tax 0.00 Partyl: GAMBA WEN YING Party2: CHUEN LOU LLC sub Total: 0.00 Town: SARATOGA SPRINGS Total: 315.00 **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Tax ***** Transfer Tax #: 4532 Transfer Tax Consideration: 0.00 Total: 0.00 Record and Return To: CHUEN LOU LLC C/O WEN GAMBA 10 LINCOLN ROAD MONTAUK NY 119524 P-0927 2017000332 02124/2017 12:33:50 PM 4 Pages RECORDED DEED Saratoga Sooty Dark Bargain & Snlo Deed - with covenant against grantor's acts intl. or corp. THIS INDENTURE made this 3 day of January, Two Thousand Seventeen BETWEEN WEN GAMBA, having an address of 10 Lincoln Road, Montauk, New York 11954 Party of the first part, CHUEN LOU, LLC, a New York Limited Liability Company having an address of 10 Lincoln Road, Montauk, New York 11954 Party of the second part, Witneaseth that the Party of the first part, in consideration of TEN Dollars ($10.00)lawful money of the United States, and other good and valuable consideration paid by the Party of the second part, does hereby grant and release unto the Party of the second part, his heirs and assigns forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at 175 South Broadway, in the City of Saratoga Springs, County of Saratoga and State of New York more particularly bounded and described as follows: BEGINNING at a point in the West line of Broadway about 170 feet South of the southwest corner of Broadway and South Street at a surveyor's stake in the ground near where a white fence stood in April, 1860; running thence westerly at right angle with Broadway to Hamilton Street; thence southerly along Hamilton Street as said street has been surveyed 100 feet;thence easterly on a line parallel with the first mentioned lineto Broadway; thence northerly along Broadway 100 feet to the point of beginning, ALSO a right of way to and along the rear of the premises above described from South Street, on a line continuous with Hamilton Street as opened in 1867 and being the same premises conveyed by Eliza Sheehan to Charles F. Wood on 4/9/1884. THE PART of land being transferred is all the tract or parcel of land situate in the City of Saratoga Springs, County of Saratoga and State of New York, bounded and described as follows: BEGINNING at a point on the South line of lands of Yuen Hsiang Lu as recorded in the Saratoga County Clerk's Office in Liber 1386 Cp 157. Said point is further described as being North 70° 23' 51" West, 141.44 feet from the southeast corner of lands of said Lu, thence along the South line of lands of said Lu, North 78° 23' 51" West, 68.58 feet to a point; thence through the lands of Lu, South 79" 30' 27" East, 68,57 feet to a point; and thence South 10° 29' 33" West, 1,33 feet to the point of beginning. Alldistances are level and allbearings are based on True North, P-0928 Property Address; 175 So. Broadway, Saratoga Springs, NY 12866 Tax Map No.: 165.83-1-26.1 86 165.83-1-26,2 BEING the same premises conveyed to Wen Ying Gamba by Yuen Hsiang Lu by deed dated April 8,2015 and recorded in the Saratoga County Clerk's Office on April 22, 2015 as Instrument # 2015011204, Also being the same premises conveyed by Wen Mei Lu as attorney in fact for Yuen Hsiang Lu to Lu Holding, LLC by Instruments # 2015010598 and # 2015010763 which said conveyances were determined to be invalid and ineffective the ornrAmentinnert conveyance to the Grantor herein Wen Ying Gamba at Instrument #2015011204 was determined to be valid and effective by New York State Supreme Court Saratoga County (Justice Thomas D. Nolan, Jr., Presiding) by Decision, Order and Judgment dated July 8, 2016 and entered in the Saratoga County Clerk's Office on July 19, 2016, Index No.; 20153068, SUBJECT TO the enforceable restrictive covenants, conditions and easements of record now affecting said premises. TOGETHER with all right, title and interest, if any, of the Party of the First Part in and to any streets and roads abutting the above- described premises to the center lines thereof; TOGETHER with the appurtenances and allother estate and rights of the Party of the First Part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the Party of the Second Part, the heirs, successors and assigns of the Party of the Second Part forever. AND the Party of the FirstPart covenants that the Party of the First Part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the. Party of the First Part, in compliance with Section13 of the Lien Law, covenants that the Party of the First Part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this Indenture so requires. P-0929 SCHEDULE B DEED FOR 3310 S. BROADWAY PROPERTY 8 SARATOGA COUNTY STATE OF NEW YORK SARATOGA COUNTY CLERK CRAIG A,HAYNER 40 MCMASTER STREET,SALLSTON SPA, NY 12020 COUNTY CLERK'S RECORDING PAGE *"'THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH*** iii IIII I II Recording: Pages Cover Recording Cultural Records Records sheet Fee Ed Fee Management Management - - Coun Stat 15.00 5.00 20.00 14.25 1.00 4,75 INSTRUMENT #: 2017006333 RP5217 - County 9.00 RP5217 All others - State 241.00 Receipt#: 2017212098950 Names 0.00 Clerk: GW TP 584 5.00 Rec Date: 02/24/2017 12:33:50 PM Doc Grp: sub Total: 315.00 Descrip: DEED Num Pgs: 4 Transfer Tax Transfer Tax 0.00 Partyl: GAMBA WEN PING Party2: CHUEN LOU LLC Sub Total: 0.00 Town: SARATOGA SPRINGS Total: 315.00 **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Tax ***** Transfer Tax #: 4533 Transfer Tax Consideration: 0.00 Total: 0.00 Record and Return To: CHUEN LOU LLC C/O WEN GAMBA 10 LINCOLN ROAD MONTAUK NY 119524 P-0931 2017006333 02/24/2017 12:33:50 PM 4 Pages RECORDED DEED Saratoga County Clerk Bargain & Sale Deed - with covenant against grantor's acts - ind, or corp. THIS INDENTURE made this day of January, Two Thousand Seventeen BETWEEN WEN vENT1 GAMBA, having an address of 10 Lincoln Road, Montauk, New York 11954 Party of the first part, CHUEN LOU, LLC, a New York Limited Liability Company having an address of 10 Lincoln Road, Montauk, New York 11954 Party of the second part, Witnesseth that the Party of the first part, in consideration of TEN Dollars ($10.00)lawful money of the United States, and other good and valuable consideration paid by the Party of the second part, does hereby grant and release unto the Party of the second part, his heirs and assigns forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at US Route 9, in the City of Saratoga Springs, County of Saratoga and State of New York; and being bounded and more particularly described as follows: THAT PARCEL OF LAND consisting of Lots Nos. 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 61, 62, 100, 101, 102, 103, 104, 105, 106 and 107 on a certain Map of Saratoga Manors made by S. J. Mott, C.E., Block 2, Section 1, dated April 1926 and flied inthe Office of the Clerk of the County of Saratoga at Ballston Spa, in the State of New York on 5/19/26. ALSO KNOWN AND DISTINGUISHED AS Lots Nos. 1 and 2 upon a map of property of Ford & King, Nelson Avenue, Saratoga Springs, made by L.D. Cromer in 1873, On the East said lots extend 100 feetalong Nelson Avenue, on the North they extend along Gridley Avenue, on the West along Lots No. 44 and 45, and on the South along Lot No.3, as laid down on said map, along which they extend 137,5 feet, said lots being 100 feet front and 137.5 feet deep, taken together; being one of the parcels conveyed by Patrick T. Malone to Mary Malone by deed of 8/11/21 recorded in the Saratoga County Clerks Office on 8/15/21 in Book 314 of Deeds at Page 417. ALSO, Grantor does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Grantee forever, such additional lands inclusive of the premises above described which are laid out on a "Map Showing the Property Boundary Agreements of the lands of Frank J. Rocco, Jr., Louis Rocco and Michael Malone, made by Robert D. Kirker, Assoc. (Joseph G. Dee surveyor, L.S. 46555) dated May 1971 and filed in the Saratoga county Clerk's Office and described as follows: BEGINNING at an iron pin set in the ground on the West bounds of Nelson Avenue which point is 106,5 feet southerly of an iron pin found at P-0932 the southwest corner of the intersection of Gridley Avenue and Nelson Avenue; running thence South 69° 13' 19" West, 137.5 feet to an iron pin set in the ground; thence North 19° 56' 30" West, 104,5 feet to the southerly bounds of Gridley Avenue; thence North 68° 23' 30" East 137.5 feet, more or less to the aforementioned iron pin found at the southwest corner of the intersection of Gridley Avenue and Nelson Avenue; thence South 19° 56' 30" East, 106.5 feet to the point or place of BEGINNING. EXCEPTING and reserving therefrom lands appropriated by the New York State Department of Public Works Bureau of Rights of Way and Claims by Notice of Appropriation recorded in the Saratoga County Clerk's Office 6/17/60 in Book 691 of Deeds at Page 113. SUBJECT to restrictions of record. BEING AND INTENDED TO BE the same premises described in the deed dated 10/28/93 and recorded in the Saratoga County Clerk's Office on 6/6/94 at Liber 1386 Cp 155 & 159, Property Address: 3310 So, Broadway, Saratoga Springs, NY 12866 Tax Map No.: 191.84-47 BEING the same premises convoyed to Wen Ying Gamba by Yuen Hsiang Lu by deed dated April 8, 2015 and recorded in the Saratoga County Clerk's Office on April 22, 2015 as Instrument # 2015011203. Also being the same premises conveyed by Wen Mei Lu as attorney in fact for Yuen Hsiang Lu to Lu Holding, LLC by Instruments # 2015010602 and # 2015010764 which said conveyances were determined to be invalid and ineffective and the aforementioned conveyance to the Grantor herein Wen Ying Gamba at Instrument #2015011203 was determined to be valid and effective by New York State Supreme Court Saratoga County (Justice Thomas D. Nolan, Jr,, Presiding) by Decision, Order and Judgment dated July 8, 2016 and entered in the Saratoga County Clerk's Office on July 19, 2016, Index No.: 20153068. SUBJECT TO the enforceable restrictive covenants, conditions and easements of record now affecting said premises. TOGETHER with all right, title and interest, if any, of the Party of the First Part in and to any streets and roads abutting the above- described premises to the center lines thereof; TOGETHER with the appurtenances and all other estate and rights of the Party of the First Part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the Party of the Second Part, the heirs, successors and assigns of the Party of the Second Part forever. AND the Party of the First Part covenants that the Party of the First Part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. P-0933 AND the Party of the First Part, in compliance with Section 13 of the Lien Law, covenants that the Party of the First Part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this Indenture so requires. In Witness Whereof, the Party of the first part has hereunto set their hands and seal the clay and year first above written, IN PRESENCE OF en Ying Gamba State of New York County of g vP 1 K.. ) ss, On the 3 day of Jan IA , 2017 before me, the undersigned, personally appeared WEN Y G GAMBA, personally known to me or provided to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. SHELLEY GUERRERO NOTARY PUB