Opinion
19-CV-2026-FB-JRC
09-28-2023
KOON CHUN HING KEE SOY & SAUCE FACTORY, LTD., Plaintiff, v. JESSICA YANG a/k/a YANG XIAO GENG a/k/a JESSICA QIAO, YI Q. ZHAN a/k/a YI QIANG ZHAN a/k/a JIMMY ZHAN, STAR MARK MANAGEMENT, INC., GREAT MARK CORPORATION, GREAT KINGSLAND, INC., G.K EXOTIC, INC., EZ FANTASY, INC., BEAUTY LOVER EXPRESS, INC., JOHNSON STORAGE, INC., ZME GALAXY CORP., J & J GLOBAL USA, INC., and EDMUND ZHAN, Defendants.
MEMORANDUM AND ORDER
Frederic Block Senior United States District Judge
In 2010, Koon Chun Hing Kee Soy & Sauce Factory, Ltd. (“Koon Chun”), obtained a $989,426.13 judgment against, inter alii, Yi Qiang Zhan a/k/a JIMMY ZHAN. In 2022, the Court added JESSICA YANG a/k/a YANG ZIAO GENG a/k/a JESSICA QIAO as a debtor to that judgment. See Koon Chun Hing Kee Soy & Sauce Factory, Ltd. v. Yang, 2022 WL 16715976 (E.D.N.Y. Nov. 4, 2022). Koon Chin now moves to consolidate the cases underlying those judgments and to sell property owned by Zhan and Yang in satisfaction of them.
Zhan has not opposed the motion. Yang has filed an opposition pro se. She offers no legal basis for preventing the sale, but claims the homestead exemption of N.Y.C.P.L.R. § 5206. In reply, Koon Chun amends its request to sell the property subject to Yang's homestead exemption.
Although Yang claims the homestead exemption on behalf of herself and Zhan, Zhan himself has not claimed it. There is no authority for the proposition that one spouse can claim the exemption on behalf of the other.
Accordingly, Koon Chun's motion is granted. Koon Chun is authorized to proceed with the sale of Block 6920, Lot 11, in the Borough of Queens (commonly known as 166th Street, Fresh Meadows, Queens). In addition, since execution of the judgments are likely to present common issues, the Clerk shall consolidate Koon Chun Hing Kee Soy & Sauce Factory, Ltd. v. Star Mark Management, Inc. et al., Case No. 04-CV-2293, with this case.
SO ORDERED.