Ji Juan Lin v. Bo Jin Zhu
| Decision Date | 03 February 2021 |
| Docket Number | 2019–04550,Index No. 707231/18 |
| Citation | 191 A.D.3d 652,142 N.Y.S.3d 167 |
| Parties | JI JUAN LIN, etc., et al., appellants, v. BO JIN ZHU, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
191 A.D.3d 652
142 N.Y.S.3d 167
JI JUAN LIN, etc., et al., appellants,
v.
BO JIN ZHU, et al., respondents.
2019–04550
Index No. 707231/18
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 19, 2020
February 3, 2021
Victor Tsai, Brooklyn, NY, for appellants.
Olshan Frome Wolosky LLP, New York, NY (Scott A. Shaffer of counsel), for respondent LSL Realty Holding, LLC.
REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action, inter alia, to set aside a conveyance of real property, the plaintiffs appeal from an order of the Supreme Court, Queens County (Leonard Livote, J.), entered February 21, 2019. The order, insofar as appealed from, granted the separate motions of the defendant LSL Realty Holding, LLC, the defendant Xiumin Chen, and the defendants Bo Jin Zhu, Wen Ping Zhu, 8220 Britton Ave Realty Corp., and Crown Mansion, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against each of them for failure to join necessary parties.
ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the separate motions of the defendant LSL Realty Holding, LLC, the defendant Xiumin Chen, and the defendants Bo Jin Zhu,
Wen Ping Zhu, 8220 Britton Ave Realty Corp., and Crown Mansion, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against each of them for failure to join necessary parties are denied, and the matter is remitted to the Supreme Court, Queens County, for the joinder of 8220 Britton Ave Realty Corp Limited Investment Partnership and Ai Ying Zheng as defendants in this action, without prejudice to their right to assert any defenses or affirmative defenses, for the service of the summons and complaint by the plaintiffs upon 8220 Britton Ave Realty Corp Limited Investment Partnership and Ai Ying Zheng, within 30 days after service upon the plaintiffs of a copy of this decision and order, for the service by 8220 Britton Ave Realty Corp Limited Investment Partnership and Ai Ying Zheng of answers or motions directed to the complaint, and for further proceedings thereafter.
The plaintiffs commenced this action "individually, and as Limited Partners and Shareholders and Creditors" of 8220 Britton Ave Realty Corp. (hereinafter the Company), asserting various claims related to a limited investment partnership agreement (hereinafter LIPA), dated July 25,...
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