Rosario v. Mis Hijos Deli Corp. et al

Filing 166

ORDER re: 161 MOTION for Attachment real property: NOW, on motion of Ross & Asmar LLC, attorneys for Plaintiff, it is: ORDERED that Plaintiff's motion for an attachment is granted in its entirety, and that the amount to be secured by this Order of Attachment shall be $89,670.35; comprised of the amount of judgment sought, plus fees and expenses of the United States Marshal; and it is further ORDERED that the United States Marshal for the Southern District of New York or any pers on appointed to act in his place and stead, or Plaintiff's attorneys, levy upon, but refrain from taking into actual custody pending further order of this Court, the Building; and it is further ORDERED that defendants, their agents, subdivisions , servants, employees, successors, and attorneys are hereby ENJOINED AND RESTRAINED until further Order of this Court from directly or indirectly transferring or encumbering the Building; and it is further ORDERED that this Order of Attachment may be served by the United States Marshal or any person appointed to act in his place and stead, or by the attorneys for Plaintiff. (Signed by Judge Jed S. Rakoff on 3/12/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.

USDCSDNY
UNITED STATES DISTRICT CO
SOUTHERN DISTRICT OF NEW .u,uv,,~"' #: _ _,.,....,,__+--

DATE: FILED:
MANUEL DE JESUS ROSARIO,
Plaintiff,

CIVIL ACTION NO. 15-CV-6049 (JSR)

-againstMIS RIJOS DELI CORP., PALMA GROCERY
CORP., 251 E. 123RD ST. REALTY, LLC,
JOSE PALMA, LEONIDA COLLADO, and
JUNIOR PALMA,
Defendants.

Plaintiff Manuel de Jesus Rosario having filed a motion pursuant to Rules 64 and 65 of the
Federal Rules of Civil Procedure seeking an attachment against the real property located at 251 E.
123 rd St., New York, NY 10035 (Block: 01788; Lot: 0022) (the "Building") and a preliminary
injunction restraining defendants from transferring or encumbering th~ Building, the defendants
having filed no opposition to Plaintiffs motion, and this Court having found that Plaintiff has met
the criteria for an attachment and preliminary injunction, for the reasoµs set forth in the Court's
Order dated March 5, 2020;
NOW, on motion of Ross & Asmar LLC, attorneys for Plaintiff/' it is:
ORDERED that Plaintiffs motion for an attachment is granted in its entirety, and that the
amount to be secured by this Order of Attachment shall be $89,670.35; comprised of the amount
of judgment sought, plus fees and expenses of the United States Marshal; and it is further
ORDERED that the United States Marshal for the Southern District of New York or any
person appointed to act in his place and stead, or Plaintiff's attorneys, levy upon, but refrain from
taking into actual custody pending further order of this Court, the Building; and it is further

ORDERED that defendants, their agents, subdivisions, servants, employees, successors,
I

and attorneys are hereby ENJOINED AND RESTRAINED until further Order of this Court from
directly or indirectly transferring or encumbering the Building; and it is further
l

'

ORDERED that this Order of Attachment may be served by the United States Marshal or

any person appointed to act in his place and stead, or by the attorneys for Plaintiff.
'

Dated: New York, New York
March 10, 2020
ENTER:

J ~

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