{"id":"court_ctb_1604_11","court":"CTB","case_no":"22-50073","doc_number":1604,"sub_number":11,"doc_type":"RESPONSE","filed_date":"2023-03-27","title":"Exhibit 11 FILED: NEW YORK COUNTY CLERK 05/16/2018 06:44 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 182 RECEIVED NYSCEF:","summary_zh":null,"summary_en":null,"body_en":"# **Exhibit 11**\n\n### **FILED: NEW YORK COUNTY CLERK 05/16/2018 06:44 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 05/16/2018 Case 22-50073 Doc 1604-11 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 2 of 4\n\n#### SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK\n\n#### PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P.,\n\nPlaintiff\n\n-against-\n\nKWOK HO WAN a/k/a KWOK HO a/k/a GWO WEN GUI a/k/a GUO WENGUI a/k/a GUO WEN-GUI a/k/a WAN GUE HAOYUN a/k/a MILES KWOK a/k/a HAOYUN GUO,\n\nIndex No. 652077/2017\n\nHon. Barry R. Ostrager IAS Part 61\n\nMotion Sequence No. 003\n\n### AFFIDAVIT OF YAN PING WANG\n\nDefendant.\n\nSTATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK )\n\n> YAN PING WANG, beingdulysworn, deposes and says that:\n\n1. I am the President of Golden Spring (New York) Ltd., and in that capacity serve as an administrator for the interests of the defendant, sued herein as Kwok Ho Wan, a/k/a Kwok Ho, a/k/a Gwo Wen Gui, a/k/a Guo Wengui, a/k/a Guo Wen-Gui, a/k/a Wan Gue Haoyun, a/k/a Miles Kwok, a/k/a Haoyun Guo (\"Mr. (\" Kwok\"), and his family. I submit this affidavit in opposition to the application of plaintiff Pacific Alliance Asia Opportunity Fund L.P. (\"PAX\") seeking an attachment of real property located on the eighteenth floor of the Sherri Netherland Hotel, 781 Fifth Avenue, New York County, City and State of New York (\"the Apartment\" Apartment\").\n\n2. Mr. Kwok's ownership interest in the Apartment, through a limited liability company, is not in real property. Rather, it consists of an ownership interest in certain shares of The Sherry-Netherland,Inc.,a cooperative housingassociation and owner of the\n\n## **FILED: NEW YORK COUNTY CLERK 05/16/2018 06:44 PM** INDEX NO. 652077/2017 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 05/16/2018 Case 22-50073 Doc 1604-11 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 3 of 4\n\nAgreement\" Sherry-Netherland Hotel, and the assignment of a proprietary lease agreement for Unit 18 (the \"Proprietary Lease Agreement\"). The funds used to purchase the Apartment came from family and third-party funding unrelated to the loan at issue in this action.\n\n3. The shares of The Sherry-Netherland, Inc., and therefore the Apartment itself, are not owned by Mr. Kwok individually. Genever Holdings LLC, a domestic limited liability company (\"Genever USA\") is both the owner of the shares in The Sherry-Netherland, Inc. and the holder of the Proprietary Lease Agreement.\n\n4. Genever USA is owned by Genever Holdings Corporation, a corporation organized and existing under the laws of the British Virgin Islands (\"Genever BVI\"). Mr. Kwok is the sole shareholder of Genever BVI. Annexed hereto as Exhibit A is a true and correct copy of the register of members of Genever BVI confirming that Mr. Kwok is its sole shareholder.\n\n5. Pursuant to a pledge and security agreement entered into in or about May 2015, all of the shares of Genever BVI have been pledged as collateral to a third party Roscalitar 2, an exempted company incorporated in the Cayman Islands. Roscalitar 2 is not owned by Mr. Kwok. Annexed hereto as Exhibit B is a true and correct copy of a certificate of registration of charge confirming that the assets of Genever BVI, which by virtue of its ownership of Genever USA include the Apartment, were pledged to Roscalitar 2 in or about May2015.\n\n6. Annexed hereto as Exhibit C are three property acceptance confirmation notes for the three (3) apartments which were the subject of the settlement deeds entered by the parties. These documents, which demonstrate that possession of the apartments was delivered to\n\n## INDEX NO. 652077/2017 IFILED : NEW XORK : COUNTY : SEERK : 12 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 2 : 4\n\nand accepted by the PAX entities on or about November 14, 2013, were provided by Savills, the\n\nproperty management company.\n\nYAN PING WANG\n\nSworn to before me this 15th day of May, 2018\n\nNotary Public\n\nAmy SK, Hawk\nNotaxy Sublic, State of Cates of Cater York\nNotaxy Subtition State of Cates of Cater York\nCommission Expiristics County County County Commission Commission Commi","body_zh":null,"key_entities":["Kwok","Guo","Je"],"ecf_references":[],"word_count":731,"status":"published","published_at":"2023-03-27 00:00:00","created_at":"2023-03-27","updated_at":"2026-07-07 07:53:13"}