On November 02, 2016 a
No Value
was filed
involving a dispute between
Chin Chung Lu,
Li Hua Lu,
Lu Holding Llc,
Wen Mei Lu,
and
Wen Fu Lu,
Wen Ying Gamba,
Yuen Hsiang Lu,
for Commercial - Other (Constructive Trust)
in the District Court of Saratoga County.
Preview
FILED: SARATOGA COUNTY CLERK 07/17/2020 03:21 PM INDEX NO. 20162946
NYSCEF DOC. NO. 4 For helpin this clickon the yellowquestion marks for
RECEIVED
instructions.
NYSCEF: 07/17/2020
cGmp:cUñg form,
Once the form is cGmp|ata you will be able to print but
it, not save it. CPLR 3402(a) requires an
originalan two copies rnustbe filedwithin 10 days of service upon the otherside. There isalso a fee
to file
the note ofissue.
NOTE OF ISSUE
)Calendar No. (ifany)
Index No. 2016-2946 For use of Clerk
supreme Saratoga N.Y.
COUrt, COUnty,
Hon.ThomasD.Nolan.Jr.
Name of Justice Assigned
Wen Mei Lu, Chin NOTICE FOR TRIAL
Chung Lin Lu, Li Hua Lu,
and Lu Holding, LLC
Trialb jury demanded
Of allissues
Of issues specified below
- -Or attached hereto
PlaintifUPetitioner
Trialwithout Jury
Filed by Plaintiffs
pate summons served Nov.2, 2016
-against- Date service completed Nov.2,2016
Date Issue joined Nov.17.2016
NATURE OF ACTION OR PROCEEDING
Tort otor Vehicle Negligence
Wen Ying Gamba, Yuen
edical Matpractice
Hsiang Lu,Wen Fu Lu,
and Chuen Lou, LLC - ther Tort
_ Contract
_ 3ontested Matrimonial
Uncontested Matrimonial
Tax Certiorari
Condemnation
Other (not itemized above) specify:constructive
Trustand Declaratory
Judgment
Defendant/Respondent
his action isbrought as a class action
IAmount Demanded 57.000.000
Other Relief
Special Preference claimed under Insurance carrier(s),ifknown:
on the ground that
Attorney for Plaintiff/Plaintiff
Pro Se: aoncrain
Address: whitemanOsterman& HennaL1-P,OneCommercePlaza.Albany,NewYork12260
Phone Number (518)487-7872
Attorney for Defendant/Defendant Pro Se: TimothyBrennan
Address: Phelan, Phelan,& Danek,LLP
300GreatOaksBlvd.Suite315.Nbany.NewYork12203
Phone Number (518)2sooses
1 of 2
FILED: SARATOGA COUNTY CLERK 07/17/2020 03:21 PM INDEX NO. 20162946
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2020
CERTIFICATE OF READINESS FOR TRIAL
(Items 1-7 rn ustbe checked)
Com leted Wajpd Not Required
1. Allpleadings X
served................................................ - - -
2. Billof particulars served.......................................... _ _ _
3, Physical examinations completed........................... _ X
4. Medical reports exchanged..................................... _ _ _
5. Appraisal reports exchanged ...................
_............. _ _ _ X
6. Compliance with rules in matrimonial actions......... _ _ _ X
7. Discovery now know to be necessary completed... X
8. There are no outstanding. req.uests for discovery.
9. There has been a reasonable opportunity to cornplete the fõregüis g proceedings.
10. There has been compliance with any order issued to Precalendar Rules (22 NYCRR 202.12)
11. If a m edical
malpractice action, there has been compliance with anyorder pursu 22 NYCRR 202.56
12. The case is ready for trial.
Dated:July17.202o Signature
Print Na p(rain
Attor or/Party Pro Se Plaintiffs
Ad ess WhitemanOstemm & HannaU-P,OneCom Plaza.
Albany,NewYork122EiD
Phone Number(s1a) 487-7672
Stateof New York County of ss: State of New York County of ss:
being duly sworn deposes and says: thatdeponent is not a being duly sworn deposes and says: thatdepürieritis not a
party tothe action,is over18 years of age and resides at party tothe action,is over 18 years of age and residesat _
thaton thatonthe
the __ day of , 20____ _ day of , 20_
deponent served the within Note of Issue and Certificate
of deponent served the within Note of Issue and Certificate
of
Readiness on Readiness on
attorney(s) attorney(s)
for herein at their
office for
located at at
during theirabsence from said office
the address designated by said attorney(s) forthatpurpose
(a)by then and there leaving a truecopy of thesame with by depnsting a truecopy of same enclosed in a postpaid
properly address wrapper, in -a postoffice-official
depository
partner-person of office. under the exclusive care and of the United States
the clerk; having charge said custody
Postal Service within New York State.
(b)and saidoffice being closed by depositing a truecopy of
same enclosed in a sealed wrapper directed to said
attorney(s),in theofficeLetterdrop or box
Sworn before me on the __ day of , 20__
Sworn beforeme on the _ day of , 20_
Notary Public
Notary Public
Admission of Service
' -
Due servic of a note of issue and certificateof readiness of which the a co y isadmitted this
Pday of di , 20% 0
AJ‡d'rfÃey(s)for Ed
2 of 2
Document Filed Date
July 17, 2020
Case Filing Date
November 02, 2016
Category
Commercial - Other (Constructive Trust)
Status
Stayed-Court Date/Application Pending
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FILED: SARATOGA COUNTY CLERK 07/17/2020 03:21 PM INDEX NO. 20162946 NYSCEF DOC. NO. 4 For helpin this clickon the yellowquestion marks for RECEIVED instructions. NYSCEF: 07/17/2020 cGmp:cUñg form, Once the form is cGmp|ata you will be able to print but it, not save it. CPLR 3402(a) requires an originalan two copies rnustbe filedwithin 10 days of service upon the otherside. There isalso a fee to file the note ofissue. NOTE OF ISSUE )Calendar No. (ifany) Index No. 2016-2946 For use of Clerk supreme Saratoga N.Y. COUrt, COUnty, Hon.ThomasD.Nolan.Jr. Name of Justice Assigned Wen Mei Lu, Chin NOTICE FOR TRIAL Chung Lin Lu, Li Hua Lu, and Lu Holding, LLC Trialb jury demanded Of allissues Of issues specified below - -Or attached hereto PlaintifUPetitioner Trialwithout Jury Filed by Plaintiffs pate summons served Nov.2, 2016 -against- Date service completed Nov.2,2016 Date Issue joined Nov.17.2016 NATURE OF ACTION OR PROCEEDING Tort otor Vehicle Negligence Wen Ying Gamba, Yuen edical Matpractice Hsiang Lu,Wen Fu Lu, and Chuen Lou, LLC - ther Tort _ Contract _ 3ontested Matrimonial Uncontested Matrimonial Tax Certiorari Condemnation Other (not itemized above) specify:constructive Trustand Declaratory Judgment Defendant/Respondent his action isbrought as a class action IAmount Demanded 57.000.000 Other Relief Special Preference claimed under Insurance carrier(s),ifknown: on the ground that Attorney for Plaintiff/Plaintiff Pro Se: aoncrain Address: whitemanOsterman& HennaL1-P,OneCommercePlaza.Albany,NewYork12260 Phone Number (518)487-7872 Attorney for Defendant/Defendant Pro Se: TimothyBrennan Address: Phelan, Phelan,& Danek,LLP 300GreatOaksBlvd.Suite315.Nbany.NewYork12203 Phone Number (518)2sooses 1 of 2 FILED: SARATOGA COUNTY CLERK 07/17/2020 03:21 PM INDEX NO. 20162946 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2020 CERTIFICATE OF READINESS FOR TRIAL (Items 1-7 rn ustbe checked) Com leted Wajpd Not Required 1. Allpleadings X served................................................ - - - 2. Billof particulars served.......................................... _ _ _ 3, Physical examinations completed........................... _ X 4. Medical reports exchanged..................................... _ _ _ 5. Appraisal reports exchanged ................... _............. _ _ _ X 6. Compliance with rules in matrimonial actions......... _ _ _ X 7. Discovery now know to be necessary completed... X 8. There are no outstanding. req.uests for discovery. 9. There has been a reasonable opportunity to cornplete the fõregüis g proceedings. 10. There has been compliance with any order issued to Precalendar Rules (22 NYCRR 202.12) 11. If a m edical malpractice action, there has been compliance with anyorder pursu 22 NYCRR 202.56 12. The case is ready for trial. Dated:July17.202o Signature Print Na p(rain Attor or/Party Pro Se Plaintiffs Ad ess WhitemanOstemm & HannaU-P,OneCom Plaza. Albany,NewYork122EiD Phone Number(s1a) 487-7672 Stateof New York County of ss: State of New York County of ss: being duly sworn deposes and says: thatdeponent is not a being duly sworn deposes and says: thatdepürieritis not a party tothe action,is over18 years of age and resides at party tothe action,is over 18 years of age and residesat _ thaton thatonthe the __ day of , 20____ _ day of , 20_ deponent served the within Note of Issue and Certificate of deponent served the within Note of Issue and Certificate of Readiness on Readiness on attorney(s) attorney(s) for herein at their office for located at at during theirabsence from said office the address designated by said attorney(s) forthatpurpose (a)by then and there leaving a truecopy of thesame with by depnsting a truecopy of same enclosed in a postpaid properly address wrapper, in -a postoffice-official depository partner-person of office. under the exclusive care and of the United States the clerk; having charge said custody Postal Service within New York State. (b)and saidoffice being closed by depositing a truecopy of same enclosed in a sealed wrapper directed to said attorney(s),in theofficeLetterdrop or box Sworn before me on the __ day of , 20__ Sworn beforeme on the _ day of , 20_ Notary Public Notary Public Admission of Service ' - Due servic of a note of issue and certificateof readiness of which the a co y isadmitted this Pday of di , 20% 0 AJ‡d'rfÃey(s)for Ed 2 of 2