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Bao v. Wang

N.Y. Commercial Properties, But Not N.J. Home, May Be Restrained in $867,000 Breach Action

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Magistrate Judge Andrew Krause1

OPINION AND ORDER Plaintiffs Shuzhong Bao and Bibo Zeng (“Plaintiffs”) bring this action for breach of contract, unjust enrichment, and fraud against Defendants Xuguang Wang, a.k.a. Jason Wang, Yifen Bao, Zoe Wang, Sunwoo Trade Inc., and 506 Piermont Avenue Holding Corp. (“Defendants”). On September 15, 2021, Plaintiffs filed a “Motion for Restraint and Attachment o[f] Assets,” which sought a preliminary injunction to prevent the transfer or dissipation of two properties owned by Defendants; or, alternatively, the restraint of Defendants’ assets under New York C.P.L.R. §5229, and an order of attachment under C.P.L.R. §6201. ECF No. 54. Defendants filed their partial opposition on November 8, 2021; in that submission, Defendants specifically stated that they “do not object to attachment of the business property in issue located at 506 Piermont Avenue, Piermont, New York.” ECF No. 59 at 4. Plaintiffs did not file a reply. See ECF No. 60. For the reasons that follow, Plaintiffs’ motion is GRANTED IN PART AND DENIED IN PART. BACKGROUND Plaintiffs did not submit any declarations, affidavits, or other factual information in support of their motion; as a result, the information in this “Background” section is drawn from the allegations in the complaint. Plaintiffs are a married couple, and are both Chinese citizens. ECF No. 1 (“Compl.”) 10. They moved to New York from China in 2017. Compl. 11. Defendant Yifen Bao is Plaintiff Shuzhong Bao’s elder sister, and Defendant Jason Wang is Yifen Bao’s husband. Compl.

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