Preview
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
EXHIBIT Q
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____------------------ ---X
W N YING GAMBA,
Plaintiff AFFIDAVIT IN SUPPORT OF
ORDER TO SHOW CAUSE
-against-
WEN MEI LU aka IRIS LU, LI HUA LU aka Index No. 94-9733
P TTY LU, and BENJAMIN SCHWARTZ,
Defendants. Assigned to;
S ATE OF NEW YORK) '
SS ''
COUNTY OF SUFFOLK)
WÔN MEI LU, A/K/A IRIS LU, being duly sworn, deposes and says as
fÃllows:
1. I am a party Defendant to the within action, and as such,
I am fully familiar with the facts and with the proceedings
heretofore had herein. I submit this Affidavit in support of an
a plication for an Order enjoining and restraining the Plaintiff,
my sister, Wen Ying Gamba, from pressing criminal charges against
me and against my othpr sisterr Li Hua Lu (hereinafter referred
tq as Patty Lu), base'd upon the Plaintiff's false claim that
Patty Lu and I stole from her the 1986 Mercedes Benz 190
automobile bearing Vehicle Identification No. WDBDA2404GF244733.
I!also seek, by way of this application, to continue to use the
subject automobile with my Co-Defendant, Patty Lu, for the
duration of this action.
2. This action was begun by a Summons and Complaint (a copy
thereof is annexed hereto as Exhibit "1") filed by my married
sisterr Wen Ying Gamba against me, my other sister, Patty Lu and
Benjamin "2"
Schwartz. Annexed hereto as Exhibit is a copy of
Defendant's Amended Answer submitted by my attorney.
3. Wen Ying Gamba claims ownership of the 1986 Mercedes Benz
199 bearing Vehicle Identification Number WDBDA2404GF244733.
In suppport of her claim, Wen Ying Gamba presents a Duplicate
Ce tificate of Title and duplicate registration receipt for the
subject automobile.
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
Regardless of the aforesaid title and registration
4.
in the of Wen Gamba, the subject automobile
documents name Ying
does not to her. The true and lawful owner of the
belong
automobile Lu. Yuen Lu is my father, and
is Yuen Hsianq Hsiang
he also the father of Co-Defendant, Patty Lu, and he is
is my
father of the Plaintiff, Wen Gamba. The Court is
also the Ying
referred to the annexed Affidavit of Yuen Hsiang Lu.
respectfully
5. Yuen is from China, and
My father, Hsiang Lu, originally
Chin Lin is from Taiwan. In or
by mother, Chung Lu, originally
about 1978 emigrated to this with their children.
they country
Since parents have lived in this country they have worked
my
hard and have as a result of their labors, been able to
extremely
acquire numerous real properties in New York State and other
assets. However, since father speaks virtually no English and
my
mother speaks little English, it has been impractical for
my very
either of my parents to acquire or to hold title to any
significant assets in their own names. My sisters, my brothers
and I are bi-lingual, speaking English and Mandarin Chinese (the
anguage of my parents) with fluency. My parents have always
been very good to my sisters, my brother and I and have taken
care of our financial and other needs.
6. As a result of the language and cultural barriers faced
by my parents since we have lived in this country, my parents
were accustomed to placing title of their assets in the names of
their children, and my siblings. My married sister, Wen
myself
Ying (Plaintiff herein) is the eldest of my sisters. Before Wen
Y ng got married, my parents titled most of their properties,
including several real estate holdings and several automobiles in
the name of Wen Ying.
7. In addition to crossing the language barrier, my family
members have always helped each other in other ways, For example
w en my parents need to drive somewhere, one of their children
usually drives them there. Neither of my parents knows how to
operate an automobile, nor does either have a driver's license.
8. My parents were repeatedly advised by their automobile
insurance agent that the cheapest insurance rates for the family
a tomobiles could be obtained if my parents titled and insured
the automobiles in the name of my eldest sister, Wen Ying (the
Plaintiff herein).
9. For the foregoing reasons, my father titled the subject
automobile, in the name of the Plaintiff herein, Wen Lu.
Ying
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
Even after Wen Ying married Andrew Gamba my parents maintained
record title in her name in order to save on automobile insurance
costs. However, as the evidence submitted in connection with
this application proves, ownership of the subject automobile is,
and since it was purchased new in 1986, always has been, in my
father, Yuen Hsiang Lu.
10. My father's funds were utilized to purchase the subject
utomobile. My sister, Wen Yino Gamba, did not pay any money
toward the purchase of the subject automobile.
11. My father purchased the automobile in 1986 for me to
rive and since then it has always been available for use by
pyself and by my sister and co-defendant, Patty Lu. Since the
par was purchased new on July 31, 1986 it has always been
ánderstood by all family members that the car was for my use and
he use of my sister, Patty Lu.
12. In the almost eight (8) years that my father has owned
the car, my sister the Plaintiff, WEN YING GAMBA, has used it
-dnly on rare occasions when it was loaned to her, and only for a
ew hours at a time, except one time when she borrowed it for
approximately three weeks,
13. The car was always insured using only the upstate
address of my father, Yuen Hsiang Lu, until after February 14th
of 1994, on which date Wen Ying Gamba first claimed that the car
belonged to her to the exclusion of my father. Wen Ying Gamba
h s not resided upstate for over seven (7) years. The area were
t e car was driven was upstate. Therefore, although the
ihsurance for the car was in the name of Wen Ying Gamba, the
a dress for the insurance policy, and to which all correspondence
(and invoices) was sent was my father's upstate address, not the
a dress of Wen "3"
Ying Gamba. Annexed hereto as Exhibit is a
c py of the insurance policy documents showing the name of Wen
Y ng Gamba in connection with the address of Mr. Lu.
14. The payments for the automobile insurance were always
made from father's Annexed "4" are
my funds. hereto as Exhibit
copies of checks in payment of the insurance premiums for the
car. Again, since my father cannot speak or read or write in
E glish, my sister and Co-Defendant, Patty Lu, has handled the
payments for insurance for the Mercedes. Therefore, the annexed
cl ecks are drawn on the account of Patty Lu. Wen Ying Gamba did
ndt contribute toward the paymen.t of insurance premiums for the
Mercedes automobile,
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
15. The payments for car repairs and maintenance were made
from my father's funds. On the "New Vehical Mechanical Repair
Agreement" "cutomer"
Iris Lu is listed as since it was
anticipated that Iris Lu would be the person using the car.
"5" invoices for service
Annexed hereto as Exhibit are copies of
and repairs for the car. My sister the Plaintiff, Wen Ying
Gamba, has never paid any of her own money for the maintenance
service or repair of the Mercedes automobile, since it is not her
car and she has rarely even operated it.
"6" in payment of
16. Annexed hereto as Exhibit are checks
the New York State Registration for the subject car. As the
Court will note, the checks are made payable from the account of
Patty Lu. The funds for the New York State Registration were
derived from my father. Wen Ying Gamba did not contribute toward
t he registration fees for the Mercedes automobile.
17. The car was always registered using only the upstate
ddress of my father, Yuen Hsiang Lu, until after the 14th of
February 1994, on which date Wen Ying Gamba first claimed that
the car belonged to her to the exclusion of my father. Wen Ying
Gamba has not resided upstate for over seven (7) years. The area
1
were the car was driven was upstate. Therefore, althouch the car
as registered in the name of Wen Ying Gamba, the address for the
registration, and to which all correspondence (and invoices) was
sent was my father's upstate address, not the residence address
of Wen Ying Gamba.
18. The payments for the automobile loan for the car (which
W s paid in full in July of 1988), were made with my father's
. .
f nds. "7"
Annexed hereto as Exhibit are copies of checks drawn
oh the account of Patty Lu. The funds for the automobile loan
payments were, again, derived from my father's funds. As set
f rth above, since my father, Yuen Hsiang Lu, cannot read, write
o speak English, he did not handle the payments on his assets,
i cluding the subject Mercedes Benz.
19. If the subiect car would be sold, my father would then
be entitled to receive the sales price. In October of 1992,
a other car belonging to my father, which he had also titled,
r gistered and insured in the name of Plaintiff, a blue
1kswagon Jetta, was totalled. The collision insurance payment
w s collected by Plaintiff and she turned the entire
promptly
a‡ount over to myself who accepted it on behalf of my father.
20. On February 14th, 1994, without or permission,
warning
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
hile I was not home, Plaintiff and her husband, Andrew Gamba
entered my private apartment and removed a sofa and a table.
When f returned home I went to confront my sister the Plaintiff
and my brother in law. I found them upstairs with Plaintiff's
mother-in-law, Jean Gamba. They told me that Jean Gamba had
nstructed them to remove the furniture. While I was talking
with my sister and mother in law, Plaintiff's husband called the
police and accused me of trespassing and harassing the Gambas.
he police responded and listened to his story but declined to
accept any charges and merely asked me to return to my own
esidence.
As the police were leaving, Jean Gamba and Andrew Gamba
houted to Plaintiff that she should tell the police that the
ubject 1986 Mercedes 190, the ownership of which is at issue in
his action, belonged to her. They followed by saying that in
erica who ever holds the title, owns the property. And they
nsisted that the Plaintiff tell that to the police.
Plaintiff, Wen Ying Gamba then, on February 14th, 1994,
almost eiaht vears after the purchase of the car, made her first
elaim to the subject automobile by telling the East Hampton
Police that the title was in her name and that therefore the car
belonged to her. The Police checked the registration and
emanded that I turn over the keys to the Plaintiff. I refused
and explained, together with Mr. Lu who was also present, that
he 1986 Mercedes was registered to Plaintiff but did not belong
o her. The police did not know what to do. The police then
old Plaintiff that the plates were registered to her so she
ould take them, and they told me that I could keep the keys.
but that they could not force me to give up possession of the
986 Mercedes since they had no proof of title and since I had
een in possesion for the past eight years. Plaintiff's husband
hen removed the license plates.
21. On information and belief, on or about February 15,
1994, Wen Ying Gamba applied for a duplicate title and
egistration, at that time she changed the address of the subject
automobile to Suffolk County, wherein she resides. When she
eceived the duplicate Certificate of Title she immediately
presented it to the East Hampton Town Police Department. The
East Hampton Town Police Department made a "File One"
promptly
report, listing the subject automobile on the New York State
r gister of stolen cars.
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
22. My older sister, Wen Ying Gamba has aggressively sought
to have my younger sister, Patty Lu, and myself arrested and
"her" car she claims
criminally prosecuted for stealing car, the
we have stolen is the subject Mercedes Benz automobile, which
belongs not to the Plaintiff but to our father, Yuen Hsiang Lu.
This Court's intervention is sought because, inter alia, the
local East Hampton Police Department and the Suffolk County
District Attorney's Office have threatened that unless a civil
court order to determine who has the right to possession of the
Eubject automobile is made without delay, they will proceed to
prosecute Patty Lu and myself based solely on the title document
even though they have reviewed the other evidence and they do
relieve the car belongs to my father and that this is essentially
a civil matter.
23. It is respectfully submitted that based upon the
foregoing,. and the Affidavits of my other family members,
ncluding but not limited to, my Co-defendant, Patty Lu, my
ther, Yuen Hsiang Lu and my counsel, including the law
a plicable to this application, that ownership of said 1986
rcedes Benz 190 automobile is, and always was, in my father,
Y en Hsiang Lu. My sister, Wen Ying Gamba does not, and never
h s, owned the subject automobile. Title, insurance and
r gistration have been put in the name of the Plaintiff solely
f r convenience and to save money on insurance premiums. The
ihsue of title to and ownership of the subject automobile should
c early be resolved in the civil courts, i.e., in this Court, not
it the criminal courts.
24. My sister, Patty Lu, and I have no adequate remedy at
1 w. We desperately need the automobile which my other sister,
Wen Ying Gamba seeks to take from us. Patty Lu and I have, since
t e car was purchased new in 1986, used the car as a primary
m ans of transportation for personal and business purposes. My
s ster and I travel by car extensively, because we are charged
w th the management of our father's properties. Our father's
properties are located as distant from each other as the Albany
area, Saratoga and East Hampton, New York. Again, Patty Lu and I
desperately need the continued use of our car. Moreover, as my
a torney advises, continued use o.f the Mercedes Benz by Patty Lu
and myself would but maintain the status quo, as it has existed
since 1986.
25. In the absence of a Supreme Court's restraining order
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020
nd injunction, a terrible injustice is virtually certain to
ccur: Patty Lu and I will virtually certainly be arrested and
randed with a criminal record for stealing an automobile which
elongs to our father, and which has been in the custody of my
co-defendant Patty Lu and myself since the date of its purchase
n July, 1986.
26. The equities of the foregoing situation balance in favor
f my sister, Patty Lu and myself. My married sister, Wen Ying
amba, and her husband have other modes of transportation.
oreover, Wen Ying Gamba and her husband live and work in East
ampton, New York. Therefore, their need to travel is not as
substantial as the need of Patty Lu and I to travel. Moreover,
heir ability to travel will be unhampered by the continued use
f said 1986 Mercedes Benz 190 by Patty Lu and myself because the
Laintiff and her husband have never used said Mercedes except
when it was borrowed by them for pleasure and fun.
27. My father's Affidavit in support of this application is
cbviously written in English. I have read my father's Affidavit
to him verbatim. I am fully qualified to translate the Affidavit
to my father because I read and write fluent English and I speak
fluent Mandarin Chinese, which is my father's language.
28. It is respectfully requested that the Court grant the
injunctive relief requested herein and whatever other, further
and/or different relief as to this Court may seem just, proper
and / or equitable, including the costs of this application.
29. No prior application for the relief herein requested has
teen made to this or to any other Court.
WEN NEI LU
Sworn to before me this
40 th day of June, 1994.
NOT PUBLIC
BEtUAlam J.80HW
Preview
FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 EXHIBIT Q FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____------------------ ---X W N YING GAMBA, Plaintiff AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE -against- WEN MEI LU aka IRIS LU, LI HUA LU aka Index No. 94-9733 P TTY LU, and BENJAMIN SCHWARTZ, Defendants. Assigned to; S ATE OF NEW YORK) ' SS '' COUNTY OF SUFFOLK) WÔN MEI LU, A/K/A IRIS LU, being duly sworn, deposes and says as fÃllows: 1. I am a party Defendant to the within action, and as such, I am fully familiar with the facts and with the proceedings heretofore had herein. I submit this Affidavit in support of an a plication for an Order enjoining and restraining the Plaintiff, my sister, Wen Ying Gamba, from pressing criminal charges against me and against my othpr sisterr Li Hua Lu (hereinafter referred tq as Patty Lu), base'd upon the Plaintiff's false claim that Patty Lu and I stole from her the 1986 Mercedes Benz 190 automobile bearing Vehicle Identification No. WDBDA2404GF244733. I!also seek, by way of this application, to continue to use the subject automobile with my Co-Defendant, Patty Lu, for the duration of this action. 2. This action was begun by a Summons and Complaint (a copy thereof is annexed hereto as Exhibit "1") filed by my married sisterr Wen Ying Gamba against me, my other sister, Patty Lu and Benjamin "2" Schwartz. Annexed hereto as Exhibit is a copy of Defendant's Amended Answer submitted by my attorney. 3. Wen Ying Gamba claims ownership of the 1986 Mercedes Benz 199 bearing Vehicle Identification Number WDBDA2404GF244733. In suppport of her claim, Wen Ying Gamba presents a Duplicate Ce tificate of Title and duplicate registration receipt for the subject automobile. FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 Regardless of the aforesaid title and registration 4. in the of Wen Gamba, the subject automobile documents name Ying does not to her. The true and lawful owner of the belong automobile Lu. Yuen Lu is my father, and is Yuen Hsianq Hsiang he also the father of Co-Defendant, Patty Lu, and he is is my father of the Plaintiff, Wen Gamba. The Court is also the Ying referred to the annexed Affidavit of Yuen Hsiang Lu. respectfully 5. Yuen is from China, and My father, Hsiang Lu, originally Chin Lin is from Taiwan. In or by mother, Chung Lu, originally about 1978 emigrated to this with their children. they country Since parents have lived in this country they have worked my hard and have as a result of their labors, been able to extremely acquire numerous real properties in New York State and other assets. However, since father speaks virtually no English and my mother speaks little English, it has been impractical for my very either of my parents to acquire or to hold title to any significant assets in their own names. My sisters, my brothers and I are bi-lingual, speaking English and Mandarin Chinese (the anguage of my parents) with fluency. My parents have always been very good to my sisters, my brother and I and have taken care of our financial and other needs. 6. As a result of the language and cultural barriers faced by my parents since we have lived in this country, my parents were accustomed to placing title of their assets in the names of their children, and my siblings. My married sister, Wen myself Ying (Plaintiff herein) is the eldest of my sisters. Before Wen Y ng got married, my parents titled most of their properties, including several real estate holdings and several automobiles in the name of Wen Ying. 7. In addition to crossing the language barrier, my family members have always helped each other in other ways, For example w en my parents need to drive somewhere, one of their children usually drives them there. Neither of my parents knows how to operate an automobile, nor does either have a driver's license. 8. My parents were repeatedly advised by their automobile insurance agent that the cheapest insurance rates for the family a tomobiles could be obtained if my parents titled and insured the automobiles in the name of my eldest sister, Wen Ying (the Plaintiff herein). 9. For the foregoing reasons, my father titled the subject automobile, in the name of the Plaintiff herein, Wen Lu. Ying FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 Even after Wen Ying married Andrew Gamba my parents maintained record title in her name in order to save on automobile insurance costs. However, as the evidence submitted in connection with this application proves, ownership of the subject automobile is, and since it was purchased new in 1986, always has been, in my father, Yuen Hsiang Lu. 10. My father's funds were utilized to purchase the subject utomobile. My sister, Wen Yino Gamba, did not pay any money toward the purchase of the subject automobile. 11. My father purchased the automobile in 1986 for me to rive and since then it has always been available for use by pyself and by my sister and co-defendant, Patty Lu. Since the par was purchased new on July 31, 1986 it has always been ánderstood by all family members that the car was for my use and he use of my sister, Patty Lu. 12. In the almost eight (8) years that my father has owned the car, my sister the Plaintiff, WEN YING GAMBA, has used it -dnly on rare occasions when it was loaned to her, and only for a ew hours at a time, except one time when she borrowed it for approximately three weeks, 13. The car was always insured using only the upstate address of my father, Yuen Hsiang Lu, until after February 14th of 1994, on which date Wen Ying Gamba first claimed that the car belonged to her to the exclusion of my father. Wen Ying Gamba h s not resided upstate for over seven (7) years. The area were t e car was driven was upstate. Therefore, although the ihsurance for the car was in the name of Wen Ying Gamba, the a dress for the insurance policy, and to which all correspondence (and invoices) was sent was my father's upstate address, not the a dress of Wen "3" Ying Gamba. Annexed hereto as Exhibit is a c py of the insurance policy documents showing the name of Wen Y ng Gamba in connection with the address of Mr. Lu. 14. The payments for the automobile insurance were always made from father's Annexed "4" are my funds. hereto as Exhibit copies of checks in payment of the insurance premiums for the car. Again, since my father cannot speak or read or write in E glish, my sister and Co-Defendant, Patty Lu, has handled the payments for insurance for the Mercedes. Therefore, the annexed cl ecks are drawn on the account of Patty Lu. Wen Ying Gamba did ndt contribute toward the paymen.t of insurance premiums for the Mercedes automobile, FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 15. The payments for car repairs and maintenance were made from my father's funds. On the "New Vehical Mechanical Repair Agreement" "cutomer" Iris Lu is listed as since it was anticipated that Iris Lu would be the person using the car. "5" invoices for service Annexed hereto as Exhibit are copies of and repairs for the car. My sister the Plaintiff, Wen Ying Gamba, has never paid any of her own money for the maintenance service or repair of the Mercedes automobile, since it is not her car and she has rarely even operated it. "6" in payment of 16. Annexed hereto as Exhibit are checks the New York State Registration for the subject car. As the Court will note, the checks are made payable from the account of Patty Lu. The funds for the New York State Registration were derived from my father. Wen Ying Gamba did not contribute toward t he registration fees for the Mercedes automobile. 17. The car was always registered using only the upstate ddress of my father, Yuen Hsiang Lu, until after the 14th of February 1994, on which date Wen Ying Gamba first claimed that the car belonged to her to the exclusion of my father. Wen Ying Gamba has not resided upstate for over seven (7) years. The area 1 were the car was driven was upstate. Therefore, althouch the car as registered in the name of Wen Ying Gamba, the address for the registration, and to which all correspondence (and invoices) was sent was my father's upstate address, not the residence address of Wen Ying Gamba. 18. The payments for the automobile loan for the car (which W s paid in full in July of 1988), were made with my father's . . f nds. "7" Annexed hereto as Exhibit are copies of checks drawn oh the account of Patty Lu. The funds for the automobile loan payments were, again, derived from my father's funds. As set f rth above, since my father, Yuen Hsiang Lu, cannot read, write o speak English, he did not handle the payments on his assets, i cluding the subject Mercedes Benz. 19. If the subiect car would be sold, my father would then be entitled to receive the sales price. In October of 1992, a other car belonging to my father, which he had also titled, r gistered and insured in the name of Plaintiff, a blue 1kswagon Jetta, was totalled. The collision insurance payment w s collected by Plaintiff and she turned the entire promptly a‡ount over to myself who accepted it on behalf of my father. 20. On February 14th, 1994, without or permission, warning FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 hile I was not home, Plaintiff and her husband, Andrew Gamba entered my private apartment and removed a sofa and a table. When f returned home I went to confront my sister the Plaintiff and my brother in law. I found them upstairs with Plaintiff's mother-in-law, Jean Gamba. They told me that Jean Gamba had nstructed them to remove the furniture. While I was talking with my sister and mother in law, Plaintiff's husband called the police and accused me of trespassing and harassing the Gambas. he police responded and listened to his story but declined to accept any charges and merely asked me to return to my own esidence. As the police were leaving, Jean Gamba and Andrew Gamba houted to Plaintiff that she should tell the police that the ubject 1986 Mercedes 190, the ownership of which is at issue in his action, belonged to her. They followed by saying that in erica who ever holds the title, owns the property. And they nsisted that the Plaintiff tell that to the police. Plaintiff, Wen Ying Gamba then, on February 14th, 1994, almost eiaht vears after the purchase of the car, made her first elaim to the subject automobile by telling the East Hampton Police that the title was in her name and that therefore the car belonged to her. The Police checked the registration and emanded that I turn over the keys to the Plaintiff. I refused and explained, together with Mr. Lu who was also present, that he 1986 Mercedes was registered to Plaintiff but did not belong o her. The police did not know what to do. The police then old Plaintiff that the plates were registered to her so she ould take them, and they told me that I could keep the keys. but that they could not force me to give up possession of the 986 Mercedes since they had no proof of title and since I had een in possesion for the past eight years. Plaintiff's husband hen removed the license plates. 21. On information and belief, on or about February 15, 1994, Wen Ying Gamba applied for a duplicate title and egistration, at that time she changed the address of the subject automobile to Suffolk County, wherein she resides. When she eceived the duplicate Certificate of Title she immediately presented it to the East Hampton Town Police Department. The East Hampton Town Police Department made a "File One" promptly report, listing the subject automobile on the New York State r gister of stolen cars. FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 22. My older sister, Wen Ying Gamba has aggressively sought to have my younger sister, Patty Lu, and myself arrested and "her" car she claims criminally prosecuted for stealing car, the we have stolen is the subject Mercedes Benz automobile, which belongs not to the Plaintiff but to our father, Yuen Hsiang Lu. This Court's intervention is sought because, inter alia, the local East Hampton Police Department and the Suffolk County District Attorney's Office have threatened that unless a civil court order to determine who has the right to possession of the Eubject automobile is made without delay, they will proceed to prosecute Patty Lu and myself based solely on the title document even though they have reviewed the other evidence and they do relieve the car belongs to my father and that this is essentially a civil matter. 23. It is respectfully submitted that based upon the foregoing,. and the Affidavits of my other family members, ncluding but not limited to, my Co-defendant, Patty Lu, my ther, Yuen Hsiang Lu and my counsel, including the law a plicable to this application, that ownership of said 1986 rcedes Benz 190 automobile is, and always was, in my father, Y en Hsiang Lu. My sister, Wen Ying Gamba does not, and never h s, owned the subject automobile. Title, insurance and r gistration have been put in the name of the Plaintiff solely f r convenience and to save money on insurance premiums. The ihsue of title to and ownership of the subject automobile should c early be resolved in the civil courts, i.e., in this Court, not it the criminal courts. 24. My sister, Patty Lu, and I have no adequate remedy at 1 w. We desperately need the automobile which my other sister, Wen Ying Gamba seeks to take from us. Patty Lu and I have, since t e car was purchased new in 1986, used the car as a primary m ans of transportation for personal and business purposes. My s ster and I travel by car extensively, because we are charged w th the management of our father's properties. Our father's properties are located as distant from each other as the Albany area, Saratoga and East Hampton, New York. Again, Patty Lu and I desperately need the continued use of our car. Moreover, as my a torney advises, continued use o.f the Mercedes Benz by Patty Lu and myself would but maintain the status quo, as it has existed since 1986. 25. In the absence of a Supreme Court's restraining order FILED: SARATOGA COUNTY CLERK 08/20/2020 11:18 AM INDEX NO. 20162946 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/20/2020 nd injunction, a terrible injustice is virtually certain to ccur: Patty Lu and I will virtually certainly be arrested and randed with a criminal record for stealing an automobile which elongs to our father, and which has been in the custody of my co-defendant Patty Lu and myself since the date of its purchase n July, 1986. 26. The equities of the foregoing situation balance in favor f my sister, Patty Lu and myself. My married sister, Wen Ying amba, and her husband have other modes of transportation. oreover, Wen Ying Gamba and her husband live and work in East ampton, New York. Therefore, their need to travel is not as substantial as the need of Patty Lu and I to travel. Moreover, heir ability to travel will be unhampered by the continued use f said 1986 Mercedes Benz 190 by Patty Lu and myself because the Laintiff and her husband have never used said Mercedes except when it was borrowed by them for pleasure and fun. 27. My father's Affidavit in support of this application is cbviously written in English. I have read my father's Affidavit to him verbatim. I am fully qualified to translate the Affidavit to my father because I read and write fluent English and I speak fluent Mandarin Chinese, which is my father's language. 28. It is respectfully requested that the Court grant the injunctive relief requested herein and whatever other, further and/or different relief as to this Court may seem just, proper and / or equitable, including the costs of this application. 29. No prior application for the relief herein requested has teen made to this or to any other Court. WEN NEI LU Sworn to before me this 40 th day of June, 1994. NOT PUBLIC BEtUAlam J.80HW