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Pollafko Inc. v. Okulos Comercio Varejista de Produtos Opticos Ltda

Denial of Attachment Order, TRO Barring Bank Account Assets' Transfer to Brazil Explained

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MEMORANDUM AND ORDER Pollafko, Inc. (“Pollafko”), Joel Lefkowitz (“Lefkowitz”) and Joel Pollak (“Pollak,” and collectively “Plaintiffs”) bring breach of contract, unjust enrichment, breach of fiduciary duty, and fraud claims against Okulos Comércio Varejista De Produtos Ópticos LTDA, a/k/a Okulos Ltd. (“Okulos”), Ótica Lentes de Grau Comércio Varejista de Produtos Ópticos Eireli, a/k/a Okulos II, Ltd. (“Okulos II,” and collectively the “Okulos Defendants”) and Marcio Zukin (“Zukin,” and collectively with the Okulos Defendants, “Defendants”) related to the parties’ Purchase Agreement. Plaintiffs move pursuant to Rule 64 of the Federal Rules of Civil Procedure and C.P.L.R. §§6201, 6210, 6211, and 6301 for an order of attachment and temporary restraining order (1) enjoining Defendants from transferring their assets from their bank accounts until there is a final disposition on the merits in the above-entitled action; and (2) granting such other and further relief as the Court may deem just and proper. BACKGROUND¹ Plaintiff Pollafko is a business corporation and an investment vehicle that maintains its principal office in New York and is owned by Plaintiffs Pollak and Lefkowitz. (Compl. 4, ECF No. 1.) Okulos is a Brazilian limited liability company that distributes eyeglasses and Okulos II is a Brazilian limited liability company, neither of which have the authority to conduct business in New York. (Id.

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