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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ABNB INVESTMENT LLC, Index No. 654412/2022
Plaintiff, Mot. Seq. #001
v. ORDER TO SHOW CAUSE FOR
AN ORDER OF ATTACHMENT,
MICHAEL MANN, MANN CAPITAL GROUP, TEMPORARY RESTRAINING ORDER
LLC and MCGI GROUP LLC, AND PRELIMINARY
INJUNCTIVE RELIEF
Defendants. (Interim Relief Requested)
Upon the reading and filing of the annexed (i) Affirmation of Urgency of Gayle Pollack,
dated November 18, 2022, together with all of the exhibits thereto; (ii) the summons, dated
November 17, 2022, (iii) the Verified Complaint, dated November 17, 2022, together with all of
the exhibits thereto; and (iv) the Memorandum of Law in Support of Plaintiff’s Motion for an
Order of Attachment, Temporary Restraining Order and Preliminary Injunction herein, dated
November 18, 2022, and with no prior application for this relief having been sought, LET
Defendants Michael Mann, Mann Capital Group, LLC, and MCGI Group LLC (collectively, the
“Defendants”), or their attorneys, who cause at an IAS Part ___, Room ___ of this Court, to be
held, at the courthouse located 60 Centre Street, New York, New York 10007 on the ___ day of
________, 2022, at ___ a.m./p.m., or as soon thereafter as counsel can be heard, why an order
should not be issued herein granting:
(i) An order of attachment against Defendants pursuant to §§ 6201(3) and 6210 of the
CPLR, against the assets of said Defendants, any interest of said Defendants in personal property
or any debt owed to said Defendants, situated in the State of New York, including, but not limited
to, any funds held by any of the Defendants with Interactive Brokers LLC;
(ii) Injunctive relief under §§ 6210 and 6301, directing that Defendants and their
affiliates, employees, agents, representatives, successors and all persons acting in concert with
them, until further order of this Court, be restrained and enjoined from withdrawing, transferring,
pledging, encumbering, assigning, dissipating, concealing or otherwise diminishing in value any
assets, funds, or other property held by them or held by anyone else for any of the Defendants’
benefit, whether in any of the Defendants’ names or for any of the Defendants’ direct or indirect
beneficial interest, including, but not limited to, any funds held by any of the Defendants with
Interactive Brokers LLC, to the extent of $499,150; and it is further
AND it appearing that Defendants, with intent to defraud his creditors or frustrate the
enforcement of a judgment that might be rendered in Plaintiff's favor, have assigned, disposed
of, encumbered or secreted property, or removed it from the state or is about to do any of these
acts for the sum of $499,150, and that Plaintiff is entitled to recover said sum over and above all
counterclaims known to it, and that itis probable that Plaintiff will succeed on the merits; it is
hereby
ORDERED that the Plaintiff’s undertaking be and the same hereby is fixed in the sum of
$ ____________________ conditioned that Plaintiff, if it is finally determined that itwas not
entitled to a temporary restraining order, will pay to the Defendants, all damages and costs which
may be sustained by reason thereof; and it is further
ORDERED that, pending the hearing and determination of this application and further
order of the Court, Defendants and their garnishees, affiliates, officers, managers, agents and
representatives of any other person acting on their behalf, be and they hereby are restrained and
prohibited from transferring or paying any assets of said Defendants have an interest, or any debt
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owed to said Defendants, including, but not limited to, any funds held by any of the Defendants
with Interactive Brokers LLC, to the extent of $499,150; and it is further
ORDERED that service of this order and the papers upon which it is based and the
undertaking herein, be made on or before the ______________ day of ___________, 20___, by
serving copies thereof, on the Defendants by personal service; and it is further
ORDERED that Plaintiff shall move within ten days after levy, upon such notice as the
Court shall direct to the Defendants, the garnishees, if any, and the Sheriff for an order confirming
the Order of Attachment.
ORDERED that opposition papers, if any, shall be served upon Gayle Pollack, Morrison
Cohen LLP, 909 Third Avenue, New York, New York 10022, via NYSCEF so as to be received
on or before ______________, 2022; and it is further
ORDERED that reply papers, if any, shall be served upon Defendants by NYSCEF, so as
to be received on or before ___________, 2022.
ENTERED:
J. S. C.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ABNB INVESTMENT LLC, Index No. 654412/2022 Plaintiff, Mot. Seq. #001 v. ORDER TO SHOW CAUSE FOR AN ORDER OF ATTACHMENT, MICHAEL MANN, MANN CAPITAL GROUP, TEMPORARY RESTRAINING ORDER LLC and MCGI GROUP LLC, AND PRELIMINARY INJUNCTIVE RELIEF Defendants. (Interim Relief Requested) Upon the reading and filing of the annexed (i) Affirmation of Urgency of Gayle Pollack, dated November 18, 2022, together with all of the exhibits thereto; (ii) the summons, dated November 17, 2022, (iii) the Verified Complaint, dated November 17, 2022, together with all of the exhibits thereto; and (iv) the Memorandum of Law in Support of Plaintiff’s Motion for an Order of Attachment, Temporary Restraining Order and Preliminary Injunction herein, dated November 18, 2022, and with no prior application for this relief having been sought, LET Defendants Michael Mann, Mann Capital Group, LLC, and MCGI Group LLC (collectively, the “Defendants”), or their attorneys, who cause at an IAS Part ___, Room ___ of this Court, to be held, at the courthouse located 60 Centre Street, New York, New York 10007 on the ___ day of ________, 2022, at ___ a.m./p.m., or as soon thereafter as counsel can be heard, why an order should not be issued herein granting: (i) An order of attachment against Defendants pursuant to §§ 6201(3) and 6210 of the CPLR, against the assets of said Defendants, any interest of said Defendants in personal property or any debt owed to said Defendants, situated in the State of New York, including, but not limited to, any funds held by any of the Defendants with Interactive Brokers LLC; (ii) Injunctive relief under §§ 6210 and 6301, directing that Defendants and their affiliates, employees, agents, representatives, successors and all persons acting in concert with them, until further order of this Court, be restrained and enjoined from withdrawing, transferring, pledging, encumbering, assigning, dissipating, concealing or otherwise diminishing in value any assets, funds, or other property held by them or held by anyone else for any of the Defendants’ benefit, whether in any of the Defendants’ names or for any of the Defendants’ direct or indirect beneficial interest, including, but not limited to, any funds held by any of the Defendants with Interactive Brokers LLC, to the extent of $499,150; and it is further AND it appearing that Defendants, with intent to defraud his creditors or frustrate the enforcement of a judgment that might be rendered in Plaintiff's favor, have assigned, disposed of, encumbered or secreted property, or removed it from the state or is about to do any of these acts for the sum of $499,150, and that Plaintiff is entitled to recover said sum over and above all counterclaims known to it, and that itis probable that Plaintiff will succeed on the merits; it is hereby ORDERED that the Plaintiff’s undertaking be and the same hereby is fixed in the sum of $ ____________________ conditioned that Plaintiff, if it is finally determined that itwas not entitled to a temporary restraining order, will pay to the Defendants, all damages and costs which may be sustained by reason thereof; and it is further ORDERED that, pending the hearing and determination of this application and further order of the Court, Defendants and their garnishees, affiliates, officers, managers, agents and representatives of any other person acting on their behalf, be and they hereby are restrained and prohibited from transferring or paying any assets of said Defendants have an interest, or any debt 2 owed to said Defendants, including, but not limited to, any funds held by any of the Defendants with Interactive Brokers LLC, to the extent of $499,150; and it is further ORDERED that service of this order and the papers upon which it is based and the undertaking herein, be made on or before the ______________ day of ___________, 20___, by serving copies thereof, on the Defendants by personal service; and it is further ORDERED that Plaintiff shall move within ten days after levy, upon such notice as the Court shall direct to the Defendants, the garnishees, if any, and the Sheriff for an order confirming the Order of Attachment. ORDERED that opposition papers, if any, shall be served upon Gayle Pollack, Morrison Cohen LLP, 909 Third Avenue, New York, New York 10022, via NYSCEF so as to be received on or before ______________, 2022; and it is further ORDERED that reply papers, if any, shall be served upon Defendants by NYSCEF, so as to be received on or before ___________, 2022. ENTERED: J. S. C. 3