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Delia v. Leverage Group

February 2, 2009

ANN MARIE DELIA, WILLIAM DELIA, ROBERT SWEENEY, VERONICA SWEENEY, TARA SROKA F/K/A/ TARA SWEENEY, AND LUDVIG HAUGEDAL, PLAINTIFFS,
v.
THE LEVERAGE GROUP, LEVERAGE OPTION MANAGEMENT CO., INC., LEVERAGE MANAGEMENT LLC, NORTH AMERICAN FINANCIAL, PHILIP BARRY LLC, PHILIP BARRY, HK HOLDINGS, LLC, AND JOSEPH'S DEVELOPMENT CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Charles P. Sifton United States District Judge

ORDER OF ATTACHMENT

Plaintiffs moved the Court for an Order of Attachment pursuant to Rule 64 of the Federal Rules of Civil Procedure and Article 62 of New York Civil Practice Law and Rules. The Court has found that, (1) Plaintiffs have a cause of action against the Defendants; (2) Plaintiffs are likely to succeed on the merits of their cause of action; (3) grounds for attachment exist because Defendants have assigned, disposed of, encumbered or secreted property, or are about to do so, with the intent to defraud creditors or frustrate the enforcement of a judgment that might be rendered in Plaintiffs' favor; (4) the amount Plaintiffs demand from Defendants exceeds all counterclaims known to Plaintiffs.

For these reasons, as supported by the showings of law and fact in Plaintiffs' motion for an order of attachment, the memorandum of law in support of the motion, and all exhibits attached thereto, and considering the arguments of counsel, it is hereby ORDERED that:

1. Plaintiffs' motion for an order of attachment is granted.

2. The amount to be secured by this order is $913,733.

3. The United States Marshal for the Eastern District of New York, or any person appointed to act in his place and stead, shall levy upon the monies, properties, and/or interests in property, personal properties, or debts owing to Defendants Philip Barry, Philip Barry LLC, The Leverage Group, Leverage Option Management Co., Inc., Leverage Management, LLC, and North American Financial to satisfy the obligation contemplated by this order. Such levy shall include, without being limited to, the interests in real property attributable to one or more of the above named defendants, as listed in Attachment A to this Order.

4. The United States Marshall for the Eastern District of New York, or any person appointed to act in his place and stead, shall, for the purpose of satisfying any judgment that may be obtained against the Defendants in this action, pay or deliver to the Clerk of this Court all funds, monies, properties, interests, and obligations levied pursuant to this order.

5. A copy of this Order shall be filed by (1) the United States Marshall for the Eastern District of New York, or any person appointed to act in his place and stead, (2) the Sheriff of any county in New York State, or any person appointed to act in his place and stead, or (3) by Counsel for Plaintiffs, or any person requested to do so by Counsel for Plaintiffs in each county in which Defendants Philip Barry, Philip Barry LLC, The Leverage Group, Leverage Option Management Co., Inc., Leverage Management, LLC, or North American Financial own property. 6. This Order shall be effective until further Order of this Court.

SO ORDERED.

ATTACHMENT A - DESCRIPTION OF PROPERTIES

Municipality Lot and Block Office Where Where Recorded Number Record is Kept

1. Thompson Section 59, Block 1 Sullivan Co. Clerk Liber. 1213 of Deeds Lot 26.4 p. 177

2. Thompson Sec. 59, Bl. 1, Sullivan Co. Clerk Liber. 1224 of Deeds Lot 32 p. 270

3. Thompson Sec. 59, Bl. 1, Sullivan Co. Clerk Liber. 1231 of ...


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