EUGENIE CHEN, plf-ap, v. TONY YAN, ETC. def-res

10490. EUGENIE CHEN, plf-ap, v. TONY YAN, ETC. def-res — Kenneth R. Fields, New York, for ap — Kevin Kerveng Tung, P.C., Flushing (Ruofei Xiang of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered August 23, 2012, which, to the extent appealed from as limited by the briefs, dismissed the complaint against defendant Yan, denied plaintiff’s motion to dismiss defendants’ affirmative defenses alleging the statute of frauds and Yan’s lack of personal liability, failed to award interest against defendant PA Estate, LLC at the contractual rate of 10 percent per annum for the period from November 16, 2011 through August 21, 2012, and failed to refer the issue of the amount of plaintiff’s collection costs and expenses to the Special Referee, unanimously modified, on the law, to reinstate the claims against Yan, to award plaintiff interest at the rate of 10 percent per annum through the date of the order (August 21, 2012), and to refer the matter of collection costs to the Special Referee, and otherwise affirmed, without costs.

Tony Yan, the individual defendant, is the principal of defendant PA Estate LLC (the LLC). On October 18, 2009, Yan affixed his signature to a promissory note in favor of plaintiff Eugenie Chen which stated: