Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-02272-AVC Document 160-5 Filed 06/01/2004 Page 1 014

Caseg3:02—cv-02272-AVC Document 160-5 Filed 06/01/2004 Page 2 of 4
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
ROVVN THEATRES, LP, : CIVIL ACTION NO.
I Plaintiff, 3:02-CV·2272 (AVC)
ILTON L. DALY, ET AL., I
: FEBRUARY 1f4_, 2004
Defendants. :
AFFIDAVIT OF ANNE DALY
_ Comes now ANNE DALY, who, having been duly sworn, deposes and says as
ollows:
1. I am over the age of eighteen years.
2. I understand and believe in the obligations of an oath.
3. All statements set forth in this affidavit are based on my personal
owledge.
4. I am aware of the existence of Taylor-Leigh, Inc., a corporation in which
y husband, Milton Daly, has an interest. I have been told by my husband, Milton Daly,
hat I am the Secretary of Taylor—Leigh, Inc., but I have never exercised any control over
any of its corporate, business or financial activities.
5. Odyssey Entertainment, LLC (“Odyssey”) is a business entity in which my
husband, Milton Daly, has an interest. However, I have no legal or financial interest in
Odyssey, and I have never been involved in any of its corporate, business or financial
activities, other than as a creditor.

Caseéli:02—cv-02272-AVC Document 160-5 Filed 06/01/2004 Page 3 of 4
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I 6. The Raymond James Financial Services, Inc. account, referred to as the
‘Investment Account” in the Second Amended Complaint, at all times was a joint
ccount in my husband’s name and in my name. However, I had no involvement with
he funds in that account, and I exercised no control over the management or
isposition of any funds in that account.
7. Over the years, my husband, Milton Daly, has had accounts at Fleet Bank
`n Connecticut, which accounts were maintained jointly in his name and in my name.
hose joint accounts are referred to as the “Fleet Accounts” in the Second Amended
omplaint. With one exception, my I have had almost no involvement with the funds in
ose accounts, and I have exercised no control over the management or disposition of
ny funds in those accounts other than to write occasional checks for nominal sums to
ay for groceries, some clothing and other small purchases. That one exception is as
ollows. When my husband and I moved from Connecticut to Georgia, I was given a
check for $325,000, which represented the balance of the funds in the Fleet Accounts.
hat check was then used in its entirety to open a similar joint account in Georgia in the
names of both Milton Daly and Anne Daly. I have had no involvement with the funds in
that Georgia account and has exercised no control over the management or disposition
of any funds in that account.
8. I have been told by my husband, Milton Daly, that there is a promissory
note between Odyssey Entertainment, LLC as the borrower, and both myself and my
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W usband as the lenders (the "Odyssey Note"). The Odyssey Note is payable in monthly
nstallrnents jointly to both Milton Daly and myself. Thus, all periodic payments under
he Odyssey Note are payable to either, or both, Milton Daly or Anne Daly. I have
eceived five monthly payments on the Odyssey Note, which payments totaled $91,467.
ose are the only monies that I have received from Odyssey, with the exception of a
ayment of around $84,000 in December of 2002.
9. Sometime in 2001, my husband, Milton Daly, told me that he had a
roblem with, and that he was going to be sued by, Crown Theatres, L.P. However, I
as not then, or at any other time until I was sued in this case, informed that Crown
heatres, L.P. claimed an interest in any funds of Taylor—Leigh, Inc., or that improper
roceeds from the business of Crown Theatres, L.P. were the source of any funds of
aylor·Leigh, Inc. as is alleged by Crown Theatres, L.P. in this action.

worn t nd subscribed before me
is [ day of February, 2004
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