Born to Build LLC v 1141 Realty LLC

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Born to Build LLC v 1141 Realty LLC 2013 NY Slip Op 30340(U) February 6, 2013 Sup Ct, New York County Docket Number: 108128/2011 Judge: Lucy Billings Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication. .- SCANNED ON 211512013 [* 1] SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK -~ COUNTY MOTION DATE - v MOTION SEQ. NO, MOTION CAL. NO. I' The following papers, numbered 1 to were read on this motion tolfor PAPERS NUMBERED Notice of Motion/ Order to Show Cause - Affidavits - Exhibits ... Answering Affidavits Replying Affidavits w K - Exhibits I A 4 7 [* 2] BORN TO BUILD LLC, Index No. 108128/2011 Petitioner - against - 1141 REALTY LLC, KUANG C H I H LI a/k/a KENNY LI, and JOHN DOES 1 through 10 (the persons intended being other individuals or entities claiming ' ownership interests in 1141 Realty LL IL S 7 TE ORDER Respondents i ! LUCY BILLINGS, J.: In this proceeding to dissolve r e petitioner moves again for a preliminary injunction pFohibiting respondent LLC from transferring its ownership interest in 1141 Broadway, New York County, the location of the Flatiron Hotel, or requiring the surplus proceeds of any such transfer after satisfaction of liens on the property to be deposited in the court. C.P.L.R. §§ 6301, 6311(a), 6312(a) * While petitioner has alleged sufficient facts to survive 1141 Realty's motion to dismiss the petition, C . P . L . R . 321l(a)(1) and ( 7 ) , petitioner § fails to satisfy its burden to show a likelihood of actual Success on the merits of the petition. C . P . L . R . § 6312(a). The court permitted petitioner to conduct disclosure relevant to petitioner's central claim that Ibrahim Saleh was a member of 1141 Realty when petitioner purchased his membership interest at a New York City Marshal's sale, yet petitioner still presents borntbld.146 1 [* 3] 1 nothing more than it started with to substantiate that claim. Petitioner raises many questions about 1141 Realty's evidence regarding its membership, management, ownership, operations, and disposition of its income and assets, but the only evidence supporting Saleh's membership interest remains as follows. (1) Saleh, whom 1141 Realty claims was its employee, was a guarantor of a mortgage on the hotel at 1141 Broadway. borntbld.146 2 (2) [* 4] remedy is in that action. The court grants petitioner's motion insofar as it seeks to substitute Main Team Hotel LLC, the owner of 1141 Realty, and Ming Chu Company, Ltd., a former owner, for John Does 1-10 as defendants in this action without opposition, on the condition that petitioner serves an amended summons and complaint and this C.P.L.R. order with notice of its entry on the new defendants. The caption of § § 305(a), 311(a) (1) 311-a(a) 1024, 3025(b) , , this action shall be: -X _ I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ f _ _ BORN TO BUILD LLC, Petitioner - against 1 1 4 1 REALTY LLC, KUANG CHIH L I a/k/a KENNY L I , MAIN TEAM HOTEL LLC, and MING CHU COMPANY, LTD., Respondents _ - - - - _ -_ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ - - - - - X - - - - - - -- Regarding petitioner's request to t r y this proceeding on an expedited basis, t h e court provided petitioner that opportunity, after the new defendants have been provided an opportunity to answer. Petitioner responded that it may seek additional relief in the interim, which may postpone the trial further. Therefore the court denies petitioner's motion insofar as it seeks an expedited trial, without prejudice to a future request for that relief. As set forth above, the court also denies petitioner's borntbld .146 3 [* 5] motion for a preliminary injunction and notice of pendency, but grants its motion to substitute defendants. This decision constitutes the court's order. DATED: February 6 , 2012 L""Jw 7 r f LUCY BILLINGS, J . S . C . I i borntbld.146 4 FEB .I52013 i

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