On November 02, 2016 a
Exhibit,Appendix
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 08/18/2020 04:10 PM INDEX NO. 20162946
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/18/2020
FILED: SARATOGA COUNTY CLERK 08/18/2020 04:10 PM INDEX NO. 20162946
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/18/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF SUFFOLK
WEN YING GAMBA,
NOTICE OF MOTION
Plaintiff,
Index No.: 602906/2017
-against-
WEN MEI LU, A/K/A IRIS LU WHITNEY
and LU HOLDING, LLC,
Defendants.
PLEASE TAKE NOTICE, that upon the annexed affidavit of Jon E. Crain, Esq., sworn to
on March 8, 2017, and all prior pleadings and proceedings herein, Defendants Wen Mei Lu a/k/a
Iris Lu erroneously s/h/a Iris Lu Whitney ("Iris") and Lu Holding, LLC ("Lu Holding")
(collectively, "Defendants"), will move this Court, located at 1 Court Street, Riverhead, New
York, on the 5th day of May, 2017, or as soon thereafter as counsel can be heard, for an order
dismissing this action under CPLR 3211(a)(4), or in the alternative, transferring this action to
Supreme Court, Schenectady County under CPLR 510(3), together with such other and further
relief as the Court deems appropriate.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers
and cross motions, if any, must be served on the undersigned at least seven days before the return
date hereof.
Dated: March 8, 2017 WHITEMAN OSTERMAN & HANNA LLP
Albany, New York
By:
William S. Nolan, Esq.
Jon E. Crain, Esq.
Attorneys for Defendants
One Commerce Plaza
Albany, New York 12260
(518) 487-7600
FILED: SARATOGA COUNTY CLERK 08/18/2020 04:10 PM INDEX NO. 20162946
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/18/2020
TO: STEPHEN A. GROSSMAN & ASSOCIATES
Attorney for Plaintiff
Stephen A. Grossman, Esq.
17 Main Street /P.O. Box 1949
Sag Harbor, New York 1 1963
(631)725-7600
4825-1476-6405,
Document Filed Date
August 18, 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 08/18/2020 04:10 PM INDEX NO. 20162946 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/18/2020 FILED: SARATOGA COUNTY CLERK 08/18/2020 04:10 PM INDEX NO. 20162946 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/18/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF SUFFOLK WEN YING GAMBA, NOTICE OF MOTION Plaintiff, Index No.: 602906/2017 -against- WEN MEI LU, A/K/A IRIS LU WHITNEY and LU HOLDING, LLC, Defendants. PLEASE TAKE NOTICE, that upon the annexed affidavit of Jon E. Crain, Esq., sworn to on March 8, 2017, and all prior pleadings and proceedings herein, Defendants Wen Mei Lu a/k/a Iris Lu erroneously s/h/a Iris Lu Whitney ("Iris") and Lu Holding, LLC ("Lu Holding") (collectively, "Defendants"), will move this Court, located at 1 Court Street, Riverhead, New York, on the 5th day of May, 2017, or as soon thereafter as counsel can be heard, for an order dismissing this action under CPLR 3211(a)(4), or in the alternative, transferring this action to Supreme Court, Schenectady County under CPLR 510(3), together with such other and further relief as the Court deems appropriate. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers and cross motions, if any, must be served on the undersigned at least seven days before the return date hereof. Dated: March 8, 2017 WHITEMAN OSTERMAN & HANNA LLP Albany, New York By: William S. Nolan, Esq. Jon E. Crain, Esq. Attorneys for Defendants One Commerce Plaza Albany, New York 12260 (518) 487-7600 FILED: SARATOGA COUNTY CLERK 08/18/2020 04:10 PM INDEX NO. 20162946 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/18/2020 TO: STEPHEN A. GROSSMAN & ASSOCIATES Attorney for Plaintiff Stephen A. Grossman, Esq. 17 Main Street /P.O. Box 1949 Sag Harbor, New York 1 1963 (631)725-7600 4825-1476-6405,