TYT EAST CORP. v. HUI SHENG LIN

16737, 601029/10, 590415/12.

139 A.D.3d 498 (2016)

33 N.Y.S.3d 2

2016 NY Slip Op 03816

TYT EAST CORP. et al., Plaintiffs, and HUI SHENG LIN, Appellant, v. MICHAEL LAM et al., Defendants, and DAVID GAO et al., Respondents. DAVID GAO et al., Third-Party Plaintiffs-Respondents, et al., Third-Party Plaintiff, v. JI XIONG NI et al., Third-Party Defendants, and YAN ZHUANG et al., Third-Party Defendants-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 12, 2016.


Gao and Chen allege that they were defrauded into investing in plaintiff TYT, an entity that has since filed for bankruptcy. TYT operated businesses, including plaintiff Jin Hua Restaurant, Inc. (JHR), in a net-leased building at 35-37 East Broadway, in Chinatown. The building was subsequently forfeited to the federal government due to illegal gambling activity. Plaintiff Fen Zheng, and third-party defendants Ji Xiong Ni and Lili Ni, are alleged to have looted TYT and JHR...

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