1410 Lexington Avenue LLC v. Michele Iuliano and Anisa Iuliano

Background

1410 Lexington Avenue LLC applied under Article 62 of New York’s Civil Practice Law and Rules for an order attaching assets belonging to Michele Iuliano and Anisa Iuliano. The application relied on a memorandum of law, an attorney’s affirmation, an affidavit, exhibits, earlier submissions, and statements made during a telephone argument.

The court stated that the plaintiff appeared to have a valid and legally recognizable claim for a money judgment against the defendants jointly and individually for at least $199,233. The claim was based on the defendants’ alleged failure to pay under an absolute, unconditional, and irrevocable guaranty. The court also found that success on the claim was probable, that the defendants were non-domiciliaries residing outside New York, and that they had no counterclaims for damages against the plaintiff.

Ruling

The court granted the plaintiff’s application for an order of attachment. The attachment is effective, unless vacated earlier, through the entry of an execution or turnover order after a judgment for the plaintiff. The amount secured is $199,233.

The order attaches the defendants’ property wherever located, including past-due or future debts and tangible or intangible property that can be assigned or transferred, subject to the order’s terms. It also directs the sheriff to attach other property evidenced by written instruments that is located in New York before final judgment.

The plaintiff’s undertaking was set at $5,000. An undertaking is a security that may be used to pay up to that amount for legal costs and damages caused by the attachment, and for allowable sheriff’s fees, if the defendants prevail or the plaintiff is found not entitled to the attachment. Within five days after service of the order, each defendant must serve the required statement through the specified electronic and email methods. Until further order, the defendants and other persons covered by the order may not sell, assign, transfer, pay over, dispose of, or otherwise affect the value of the attached property or debts. The order does not restrain property beyond the amount needed to secure $199,233. Judge Katherine Polk Failla issued the order.