Preview
FILED: KINGS COUNTY CLERK 07/03/2024 09:22 PM INDEX NO. 513799/2024
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/03/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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CATHAY BANK,
Plaintiff,
-against- Index No.: 513799/2024
HB NYC REALTY LLC, PENG GUANG WENG, YE NOTICE OF MOTION FOR
ZHOU, HOME BAY TRADING, CORP., THE CITY OF SUMMARY JUDGMENT AND
NEW YORK, CRIMINAL COURT OF THE CITY OF FOR OTHER RELIEF
NEW YORK, NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD, NEW YORK CITY
DEPARTMENT OF FINANCE, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, and
“JOHN DOE #l” through “JOHN DOE #50,” the last fifty
names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons or corporations, if any, having or claiming an
interest in or lien upon the premises described in the
complaint,
Defendants.
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PLEASE TAKE NOTICE that, upon the annexed Affirmation of Michael H. Levison In
Support of Motion for Summary Judgment and for Other Relief, dated July 3, 2024, and all the
exhibits thereto, the Affidavit of Margaret Waye In Support of Motion for Summary Judgment and
for Other Relief, sworn to July 3, 2024 (the “Waye Affidavit”), and all the exhibits thereto, the
Memorandum of Law In Support of Motion for Summary Judgment and for Other Relief dated
July 3, 2024, and upon all of the papers and proceedings had and filed heretofore herein, plaintiff
Cathay Bank (“Plaintiff”), by its counsel Pryor Cashman LLP, will move this Court in the Supreme
Court of the State of New York, County of Kings, located at 360 Adams Street, Brooklyn, New
York 11201, at Foreclosure Part 3 in Courtroom No. 774 before the Hon. Lawrence Knipel, J.S.C.,
on the 19th day of July, 2024, at 9:30 a.m. or as soon thereafter as counsel may be heard, for an
Order:
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FILED: KINGS COUNTY CLERK 07/03/2024 09:22 PM INDEX NO. 513799/2024
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/03/2024
(a) pursuant to CPLR R. 3212: (i) granting summary judgment in favor of Plaintiff
with respect to Plaintiff’s cause of action for foreclosure of the subject mortgage as
set forth in Plaintiff’s Verified Complaint dated May 16, 2024 as against defendants
HB NYC Realty LLC (“Borrower”), Peng Guang Weng (“Weng”), Ye Zhou
(“Zhou”), and Home Bay Trading Corp. (“Home Bay,” and together with Borrower,
Weng, and Zhou, collectively, the “Borrower Parties”); and (ii) striking the denials
set forth in the Verified Answer dated June 14, 2024 and served by the Borrower
Parties on June 14, 2024 and dismissing the affirmative defenses set forth therein;
(b) pursuant to CPLR § 3215, entering default judgment as against defendants the City
of New York, New York City Environmental Control Board, New York City
Department of Finance, and the New York State Department of Taxation and
Finance for their failure to respond to the Complaint herein;
(c) pursuant to RPAPL § 1321, appointing a referee to: (i) compute the amounts due to
Plaintiff under the terms of the Loan Documents (as that term is defined in the
Waye Affidavit); and (ii) determine whether the subject property may be sold in
one or more parcels; and
(d) awarding to Plaintiff such other and further relief which as to this Court may seem
just, proper, and equitable.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR R. 2214(b), answering
papers and any notice of cross-motion, with supporting papers, if any, are required to be served
upon the undersigned at least seven (7) days before the return date of this motion.
Dated: New York, New York PRYOR CASHMAN LLP
July 3, 2024 Counsel for Plaintiff Cathay Bank
By: /s/ Michael H. Levison .
Michael H. Levison, Esq.
Joseph S. Jacobs, Esq.
. 7 Times Square .
New York, New York 10036-7311
Telephone: (212) 421-4100
mlevison@pryorcashman.com
jjacobs@pryorcashman.com
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FILED: KINGS COUNTY CLERK 07/03/2024 09:22 PM INDEX NO. 513799/2024
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/03/2024
TO:
Via NYSCEF
Leonard Gillespie, Esq.
Hooper, Yang & Associates Law Office
450 7th Ave., Suite 305
New York, New York 10123
Counsel for Defendants:
HB NYC Realty LLC, Peng Guang Weng, Ye Zhou, and Home Bay Trading Corp.
Via Regular Mail
The City of New York
66 John Street, 10th Floor
New York, New York 10038
Kings County Criminal Court a/k/a Criminal Court of the City of New York
120 Schermerhorn Street
Brooklyn, New York 11201
New York City Environmental Control Board
66 John Street, 10th Floor
New York, New York 10038
New York City Department of Finance
100 Church Street
New York, New York 10007
New York State Department of Taxation & Finance
Attn: Office of Counsel
Building 9, W.A. Harriman Campus
Albany, New York 12227
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Preview
FILED: KINGS COUNTY CLERK 07/03/2024 09:22 PM INDEX NO. 513799/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X CATHAY BANK, Plaintiff, -against- Index No.: 513799/2024 HB NYC REALTY LLC, PENG GUANG WENG, YE NOTICE OF MOTION FOR ZHOU, HOME BAY TRADING, CORP., THE CITY OF SUMMARY JUDGMENT AND NEW YORK, CRIMINAL COURT OF THE CITY OF FOR OTHER RELIEF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and “JOHN DOE #l” through “JOHN DOE #50,” the last fifty names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed Affirmation of Michael H. Levison In Support of Motion for Summary Judgment and for Other Relief, dated July 3, 2024, and all the exhibits thereto, the Affidavit of Margaret Waye In Support of Motion for Summary Judgment and for Other Relief, sworn to July 3, 2024 (the “Waye Affidavit”), and all the exhibits thereto, the Memorandum of Law In Support of Motion for Summary Judgment and for Other Relief dated July 3, 2024, and upon all of the papers and proceedings had and filed heretofore herein, plaintiff Cathay Bank (“Plaintiff”), by its counsel Pryor Cashman LLP, will move this Court in the Supreme Court of the State of New York, County of Kings, located at 360 Adams Street, Brooklyn, New York 11201, at Foreclosure Part 3 in Courtroom No. 774 before the Hon. Lawrence Knipel, J.S.C., on the 19th day of July, 2024, at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order: 1 of 3 FILED: KINGS COUNTY CLERK 07/03/2024 09:22 PM INDEX NO. 513799/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/03/2024 (a) pursuant to CPLR R. 3212: (i) granting summary judgment in favor of Plaintiff with respect to Plaintiff’s cause of action for foreclosure of the subject mortgage as set forth in Plaintiff’s Verified Complaint dated May 16, 2024 as against defendants HB NYC Realty LLC (“Borrower”), Peng Guang Weng (“Weng”), Ye Zhou (“Zhou”), and Home Bay Trading Corp. (“Home Bay,” and together with Borrower, Weng, and Zhou, collectively, the “Borrower Parties”); and (ii) striking the denials set forth in the Verified Answer dated June 14, 2024 and served by the Borrower Parties on June 14, 2024 and dismissing the affirmative defenses set forth therein; (b) pursuant to CPLR § 3215, entering default judgment as against defendants the City of New York, New York City Environmental Control Board, New York City Department of Finance, and the New York State Department of Taxation and Finance for their failure to respond to the Complaint herein; (c) pursuant to RPAPL § 1321, appointing a referee to: (i) compute the amounts due to Plaintiff under the terms of the Loan Documents (as that term is defined in the Waye Affidavit); and (ii) determine whether the subject property may be sold in one or more parcels; and (d) awarding to Plaintiff such other and further relief which as to this Court may seem just, proper, and equitable. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR R. 2214(b), answering papers and any notice of cross-motion, with supporting papers, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: New York, New York PRYOR CASHMAN LLP July 3, 2024 Counsel for Plaintiff Cathay Bank By: /s/ Michael H. Levison . Michael H. Levison, Esq. Joseph S. Jacobs, Esq. . 7 Times Square . New York, New York 10036-7311 Telephone: (212) 421-4100 mlevison@pryorcashman.com jjacobs@pryorcashman.com 2 2 of 3 FILED: KINGS COUNTY CLERK 07/03/2024 09:22 PM INDEX NO. 513799/2024 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/03/2024 TO: Via NYSCEF Leonard Gillespie, Esq. Hooper, Yang & Associates Law Office 450 7th Ave., Suite 305 New York, New York 10123 Counsel for Defendants: HB NYC Realty LLC, Peng Guang Weng, Ye Zhou, and Home Bay Trading Corp. Via Regular Mail The City of New York 66 John Street, 10th Floor New York, New York 10038 Kings County Criminal Court a/k/a Criminal Court of the City of New York 120 Schermerhorn Street Brooklyn, New York 11201 New York City Environmental Control Board 66 John Street, 10th Floor New York, New York 10038 New York City Department of Finance 100 Church Street New York, New York 10007 New York State Department of Taxation & Finance Attn: Office of Counsel Building 9, W.A. Harriman Campus Albany, New York 12227 3 3 of 3