Preview
FILED: DUTCHESS COUNTY CLERK 10/07/2021 04:32 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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RICHARD VON DER LIETH, Index No.: 2021-51452
Plaintiff,
-against- Notice of Motion for Summary
Judgment, For Default Judgment,
BARBARA GIORDANO A/K/A BARBARA For Referee To Compute and For
LEONAGGEO A/K/A BARBARA GIORDANO- Other Relief
LEONAGGEO, ROGER LEONAGGEO, JACK
GIORDANO, m-m2 RE HOLDINGS 4, LLC, H&L
EQUINE, LLC, PORTFOLIO RECOVERY Mortgaged Premises:
ASSOCIATES, LLC RAZOR CAPITAL II, LLC A/P/O 150 Homan Road
CREDIT ONE BANK, N.A., CATANIA, MAHON, Stanfordville, NY 12581
MILLIGRAM & RIDER, PLLC, “JOHN DOE #1-10” and
“JANE DOE #1-10”, AS POSSIBLE HEIRS AND SBL#: 6669-00-533189-00
DISTRIBUTEES OF THE INTEREST OF JACK
GIORDANO, IF DECEASED, “JOHN DOE #1-10” AND
“JANE DOE #1-10”, said names being fictitious parties
Intended being possible tenants or occupants of premises,
corporations, other entities or persons who claim, or may
claim, a lien against the premises,
Defendants.
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PLEASE TAKE NOTICE, that, upon the Affirmation of Anthony C. Carlini, Jr., Esq.,
affirmed the 7th day of October, 2021, the Affidavit of Richard Von Der Lieth, Plaintiff, sworn to
on the 1st day of October, 2021, the exhibits attached thereto, the Summons, Verified Complaint,
Notice of Pendency of action and Certificate of Merit, all electronically filed through NYSCEF on
April 21, 2021, the Answer with Cross-Claim of Defendant M-M2 RE Holdings 4, LLC, through
their attorney Stenger, Diamond & Glass, LLP, dated July 12, 2021 and entered on July 12, 2021,
and all prior proceedings in this case, Plaintiff RICHARD VON DER LIETH will move this Court
on October 28, 2021 at 9:30 A.M. at an IAS motion part thereof, at the Supreme Court of the State
of New York, to be held in and for the County of Dutchess at the Courthouse thereof, located at 10
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FILED: DUTCHESS COUNTY CLERK 10/07/2021 04:32 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2021
Market Street, Poughkeepsie, New York 12601, or as soon thereafter as the parties may be heard,
for an Order:
1. Pursuant to CPLR § 3212, striking the Answer of the Defendant M-M2 RE
Holdings 4, LLC directing the entry of summary judgment in favor of the Plaintiff
and against said Defendant for the relief demanded in the Complaint on the ground
that there is no defense to the cause of action alleged in the Complaint;
2. Appointing a Referee to compute the amount due to the Plaintiff, examine whether
the mortgaged property known as 150 Homan Road, Stanfordville, New York
12581 may be sold in one parcel, and make his/her computation and report with all
convenient speed pursuant to RPAPL § 1321;
3. Declaring that all non-appearing and non-answering Defendants are in default
pursuant to CPLR § 3215; and
4. Such additional relief as to the Court may seem just and proper.
PLEASE TAKE FURTHER NOTICE THAT, pursuant to CPLR 2214(b), answering papers
and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at
least seven (7) days prior to the return date of this motion.
Dated: Poughkeepsie, New York
October 7, 2021
Yours, etc.,
HANDEL & CARLINI, LLP
By:________________________________
ANTHONY C. CARLINI, JR., ESQ.
Attorneys for Plaintiff
RICHARD VON DER LIETH
1984 New Hackensack Road
Poughkeepsie, New York 12603
Tel. No. (845) 454-2221
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FILED: DUTCHESS COUNTY CLERK 10/07/2021 04:32 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2021
TO:
Kenneth M. Stenger, Esq. (via NYSCEF)
Stenger, Diamond & Glass
Attorneys for Defendant
M-M2 RE Holdings 4, LLC
1136 Route 9
Wappingers Falls, NY 12590
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Preview
FILED: DUTCHESS COUNTY CLERK 10/07/2021 04:32 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------------------------------------------------------------------X RICHARD VON DER LIETH, Index No.: 2021-51452 Plaintiff, -against- Notice of Motion for Summary Judgment, For Default Judgment, BARBARA GIORDANO A/K/A BARBARA For Referee To Compute and For LEONAGGEO A/K/A BARBARA GIORDANO- Other Relief LEONAGGEO, ROGER LEONAGGEO, JACK GIORDANO, m-m2 RE HOLDINGS 4, LLC, H&L EQUINE, LLC, PORTFOLIO RECOVERY Mortgaged Premises: ASSOCIATES, LLC RAZOR CAPITAL II, LLC A/P/O 150 Homan Road CREDIT ONE BANK, N.A., CATANIA, MAHON, Stanfordville, NY 12581 MILLIGRAM & RIDER, PLLC, “JOHN DOE #1-10” and “JANE DOE #1-10”, AS POSSIBLE HEIRS AND SBL#: 6669-00-533189-00 DISTRIBUTEES OF THE INTEREST OF JACK GIORDANO, IF DECEASED, “JOHN DOE #1-10” AND “JANE DOE #1-10”, said names being fictitious parties Intended being possible tenants or occupants of premises, corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE, that, upon the Affirmation of Anthony C. Carlini, Jr., Esq., affirmed the 7th day of October, 2021, the Affidavit of Richard Von Der Lieth, Plaintiff, sworn to on the 1st day of October, 2021, the exhibits attached thereto, the Summons, Verified Complaint, Notice of Pendency of action and Certificate of Merit, all electronically filed through NYSCEF on April 21, 2021, the Answer with Cross-Claim of Defendant M-M2 RE Holdings 4, LLC, through their attorney Stenger, Diamond & Glass, LLP, dated July 12, 2021 and entered on July 12, 2021, and all prior proceedings in this case, Plaintiff RICHARD VON DER LIETH will move this Court on October 28, 2021 at 9:30 A.M. at an IAS motion part thereof, at the Supreme Court of the State of New York, to be held in and for the County of Dutchess at the Courthouse thereof, located at 10 1 of 3 FILED: DUTCHESS COUNTY CLERK 10/07/2021 04:32 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2021 Market Street, Poughkeepsie, New York 12601, or as soon thereafter as the parties may be heard, for an Order: 1. Pursuant to CPLR § 3212, striking the Answer of the Defendant M-M2 RE Holdings 4, LLC directing the entry of summary judgment in favor of the Plaintiff and against said Defendant for the relief demanded in the Complaint on the ground that there is no defense to the cause of action alleged in the Complaint; 2. Appointing a Referee to compute the amount due to the Plaintiff, examine whether the mortgaged property known as 150 Homan Road, Stanfordville, New York 12581 may be sold in one parcel, and make his/her computation and report with all convenient speed pursuant to RPAPL § 1321; 3. Declaring that all non-appearing and non-answering Defendants are in default pursuant to CPLR § 3215; and 4. Such additional relief as to the Court may seem just and proper. PLEASE TAKE FURTHER NOTICE THAT, pursuant to CPLR 2214(b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: Poughkeepsie, New York October 7, 2021 Yours, etc., HANDEL & CARLINI, LLP By:________________________________ ANTHONY C. CARLINI, JR., ESQ. Attorneys for Plaintiff RICHARD VON DER LIETH 1984 New Hackensack Road Poughkeepsie, New York 12603 Tel. No. (845) 454-2221 2 of 3 FILED: DUTCHESS COUNTY CLERK 10/07/2021 04:32 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/07/2021 TO: Kenneth M. Stenger, Esq. (via NYSCEF) Stenger, Diamond & Glass Attorneys for Defendant M-M2 RE Holdings 4, LLC 1136 Route 9 Wappingers Falls, NY 12590 3 of 3