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Delia v. Leverage Group

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


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 Deeds, Lot 55.3 p. 167

4. Thompson Sec. 60, Bl. 1, Sullivan Co. Clerk Liber. 1249 of Deeds, Lot 23 p. 136

5. Thompson Sec 59, Bl. 1, Sullivan Co. Clerk Liber. 1262 of Deeds Lot 55.6 p. 192

6. Thompson Sec. 62, Bl. 5, Sullivan Co. Clerk Liber. 1278 of Land Lot 3 Records, p. 329 Sec. 62, Bl. 4, Lot 3.2 Sec. 62, Bl. 4, Lot 3.3

7. Forestburgh Sec. 3, Bl. 1, Sullivan Co. Clerk Liber. 1285 of Deeds Lot 2.7 p. 71

8. Forestburgh Sec. 6, Bl. 2, Sullivan Co. Clerk Liber. 1327 of Deeds Lot 36.56 p. 64

9. Thompson Sec. 62, Bl. 1, Sullivan Co. Clerk Liber. 1348 of Deeds Lot 8 p. 381 Sec. 62, Bl. 1, Lot 10.1 Sec. 62, Bl. 1, Lot 13 Sec. 62, Bl. 4, Lot 3.1

10. Thompson Sec. 59, Bl. 1, Sullivan Co. Clerk Liber. 1348 of Deeds Lot 55.2 p. 552

11. Cochecton Sec. 4, Bl. 1, Sullivan Co. Clerk Liber 1588 of Land Lot 22 Records, p. 5

12. Forestburgh Sec. 3, Bl. 1, Sullivan Co. Clerk Liber 1759 of Land Lot 2.98 Records, p. 185

13. Thompson Sec. 60, Bl. 1, Sullivan Co. Clerk Liber. 1822 of Land Lot 9.2 Records, p. 227

14. Thompson Sec. 59, Bl. 1, Sullivan Co. Clerk Liber. 1893 of Land Lot 55.5 Records, p. 341

15. Thompson Sec. 59, Bl. 1 Sullivan Co. Clerk Liber. 1895 of Deeds Lot 54.1 p. 80

16. Thompson Sec. 49, Bl. 1, Sullivan Co. Clerk Liber. 1954 of Land Lot 7.2 Records, p. 162 Sec. 49, Bl. 1 Lot 14.1 Sec. 60, Bl 1 Lot 20.1

17. Thompson Sec. 61, Bl. 1, Sullivan Co. Clerk Liber. 2019 of Land Lot 11 Records, p. 153

18. Thompson Sec. 61, Bl. 1, Sullivan Co. Clerk Liber. 2063 of Land Lot 25 Records, p. 393

19. Thompson Sec. 61, Bl. 1, Sullivan Co. Clerk Liber. 2064 of Land Lot 19.3 Records, p. 519

20. Thompson Sec. 61, Bl. 1 Sullivan Co. Clerk Liber. 2089 of Land Lot 37 Records, p. 453 Sec. 61, Bl. 1 Lot 40

21. Thompson Sec. 60, Bl. 1 Sullivan Co. Clerk Liber. 2114 of Land Lot 9.3 Records, p. 103

22. Thompson Sec. 61, Bl. 1 Sullivan Co. Clerk Liber. 2142 of Land Lot 10.6 Records, p. 32

23. Forestburgh Sec. 3, Bl. 1, Sullivan Co. Clerk Liber. 2144 of Land Lot 2.6 Records, p. 592

24. Forestburgh Sec. 6, Bl. 2 Sullivan Co. Clerk Liber. 2263 of Land Lot 36.41 Records, p. 74

25. Brasher Sec. 17.004, Bl. 3 St. Lawrence Co. Deed Book 1068 Lot 8 Clerk p. 1019

26. Brooklyn 477 82nd Street Kings Co. Clerk

27. Brooklyn 8126 5th Avenue Kings Co. Clerk Block 5998, Lot 51

20090202

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