RUI QIN CHEN JUAN v. 213 WEST 28 LLC

3738, 152958/16.

149 A.D.3d 539 (2017)

2017 NY Slip Op 02926

53 N.Y.S.3d 28

RUI QIN CHEN JUAN et al., Appellants, v. 213 WEST 28 LLC, Respondent.

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

Decided April 18, 2017.


The motion court properly denied the tenant plaintiffs' motion for a Yellowstone injunction because the sole source of support for the motion was the English language affidavit of the non-English-speaking Rui Qin Chen Juan, which is inadmissible for want of a translator's affidavit, as is required by CPLR 2102 (b) and rule 14 (a) of the New York County Supreme Court, Civil Branch, Rules of Justices. Thus, plaintiffs have provided no factual support for the motion....

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