On April 21, 2021 a
Motion-Secondary
was filed
involving a dispute between
Richard Von Der Lieth,
and
Barbara Giordano
A K A Barbara Leonaggeo A K A Barbara Giordano-Leonaggeo,
Catania, Mahon, Milligram & Rider, Pllc,
H&L Equine, Llc,
Jack Giordano,
Jane Doe
1-10,
John Doe
1-10,
John Doe 1-10 And Jane Doe 1-10, As Possible Heirs And Distributees Of The Interest Of Jack Giordano, If Deceased,
M-M2 Re Holdings 4, Llc,
Portfolio Recovery Associates, Llc,
Razor Capital Ii, Llc
A P O Credit One Bank, N.A.,
Roger Leonaggeo,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
X
RICHARD VON DER LIETH,
Plaintiff, AFFIDAVIT IN REPLY
DEFENDANTS'
AND OPPOSITION TO
CROSS-MOTION
-against-
Index No.: 2021-51452
BARBARA GIORDANO A/K/A BARBARA
LEONAGGEO A/K/A BARBARA GIORDANO-
LEONAGGEO, ROGER LEONAGGEO, JACK
GIORDANO, m-m2 RE HOLDINGS 4, LLC, H&L
EQUINE, LLC, PORTFOLIO RECOVERY
ASSOCIATES, LLC RAZOR CAPITAL II, LLC A/P/O
CREDIT ONE BANK, N.A., CATANIA, MAHON,
#1-10"
MILLIGRAM & RIDER, PLLC, "JOHN DOE
and "JANE DOE #1-10", AS POSSIBLE HEIRS AND
DISTRIBUTEES OF THE INTEREST OF JACK
#1-10"
GIORDANO, IF DECEASED, "JOHN DOE 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.
Defendant(s).
X
STATE OF NEW YORK )
)ss:
COUNTY OF DUTCHESS )
Richard von der Lieth being duly sworn states as follows:
1. I am the Plaintiff in this action and as such have personal knowledge of the facts set forth
herein.
2. I write in further support of my motion for default and summary judgment pending before
the Court and to respond to certain false allegations that Defendants Roger and Barbara
("Defendants"
Leonaggeo or "Leonaggeos") have made in their opposition papers and
cross-motion to dismiss.
1
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FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022
3. First, I wish to advise the Court that I did not force or induce the Defendants into
accepting a $35,000.00 loan from me. The Defendants approached me and advised that
they needed money to pay off their prior attorneys at McCabe & Mack LLP.
4. The Defendants repeatedly reassured me that they would have absolutely no issue paying
off the loan. Accordingly, on Deceniber 22, 2015, the Defendants executed a Promissory
Note whereby they promised to pay me back the $35,000.00 plus interest on December
22, 2016.
5. As security for their promise to pay, they gave me amortgage in Homan Road,
Stanfordville, Town of Stanford, New York 12581 (Section:135200, Block: 6669-00,
Lot: 533189-0000) ("Subject Property") which consists of vacant land.
6. December 22, 2016, came and went and the Leonaggeos never paid me back.
7. When I reached out to my attorneys at Handel & Carlini, LLP, to explore my options
Leonaggeos'
surrounding the default, I came to learn that they actually sold the Property
to MM2 RE Holdings, 4, LLC ("MM2") approximately two months before the maturity
date on the Note.
8. I was shocked to hear this news and directed my attorneys to immediately pursue
Defendants'
foreclosure, as a result of the breach of the Note and Mortgage.
9. Of course, because MM2 now owned the Subject Property and the Defendants expressly
breached the terms of the mortgage precluding them from selling the Subject Property
without my consent, I could not have engaged in any attempt or arrangement with them
to subdivide the Property pursuant to the Letter Agreement referenced in their opposition
papers.
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FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022
10. I see from the Barbara Leonaggeo's Affidavit that she suggests I knew of MM2 or its
member, Michael Milea at the time MM2 purchased the Subject Property. See
Leonaggeo Aff ¶ 19. This absurd allegation is addressed in my attorney's affirmation at
¶ 54 and is entirely false. I did not know Michael Milea or absolutely anything about his
transactions or arrangements with the Leonaggeos.
WHEREFORE, itis respectfully requested that Plaintiff's motion for default and sununary
Defendants'
judgment be granted in its entirety and cross-motion be denied in its entirely.
Richard von der Lieth
Sworn to before me this
2 day of January, 2022
NOTARY PUBLI'C
Jenna Presutti
Notary Public State of New York
Registration No.01PR6392071
Qualified
In Dutchess
00mmianlon County
Expires May 20, 20
3
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FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022
WORD COUNT CERTIFICATION
I, Anthony J. Carlini, Jr., an attorney authorized to practice in all Courts of the State of
New York, hereby certify that Pursuant to Rule 17 of the Statewide Rules of the Commercial
Division, the foregoing Affidavit in Reply and Opposition to Defendants’ Cross-Motion exclusive
of this certification, the caption, and signature block, consists of 424 words. The word count was
performed using Microsoft Word’s word count function.
/s/ Anthony C. Carlini, Jr.
Anthony C. Carlini, Jr.
4 of 4
Preview
FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS X RICHARD VON DER LIETH, Plaintiff, AFFIDAVIT IN REPLY DEFENDANTS' AND OPPOSITION TO CROSS-MOTION -against- Index No.: 2021-51452 BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO- LEONAGGEO, ROGER LEONAGGEO, JACK GIORDANO, m-m2 RE HOLDINGS 4, LLC, H&L EQUINE, LLC, PORTFOLIO RECOVERY ASSOCIATES, LLC RAZOR CAPITAL II, LLC A/P/O CREDIT ONE BANK, N.A., CATANIA, MAHON, #1-10" MILLIGRAM & RIDER, PLLC, "JOHN DOE and "JANE DOE #1-10", AS POSSIBLE HEIRS AND DISTRIBUTEES OF THE INTEREST OF JACK #1-10" GIORDANO, IF DECEASED, "JOHN DOE 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. Defendant(s). X STATE OF NEW YORK ) )ss: COUNTY OF DUTCHESS ) Richard von der Lieth being duly sworn states as follows: 1. I am the Plaintiff in this action and as such have personal knowledge of the facts set forth herein. 2. I write in further support of my motion for default and summary judgment pending before the Court and to respond to certain false allegations that Defendants Roger and Barbara ("Defendants" Leonaggeo or "Leonaggeos") have made in their opposition papers and cross-motion to dismiss. 1 1 of 4 FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022 3. First, I wish to advise the Court that I did not force or induce the Defendants into accepting a $35,000.00 loan from me. The Defendants approached me and advised that they needed money to pay off their prior attorneys at McCabe & Mack LLP. 4. The Defendants repeatedly reassured me that they would have absolutely no issue paying off the loan. Accordingly, on Deceniber 22, 2015, the Defendants executed a Promissory Note whereby they promised to pay me back the $35,000.00 plus interest on December 22, 2016. 5. As security for their promise to pay, they gave me amortgage in Homan Road, Stanfordville, Town of Stanford, New York 12581 (Section:135200, Block: 6669-00, Lot: 533189-0000) ("Subject Property") which consists of vacant land. 6. December 22, 2016, came and went and the Leonaggeos never paid me back. 7. When I reached out to my attorneys at Handel & Carlini, LLP, to explore my options Leonaggeos' surrounding the default, I came to learn that they actually sold the Property to MM2 RE Holdings, 4, LLC ("MM2") approximately two months before the maturity date on the Note. 8. I was shocked to hear this news and directed my attorneys to immediately pursue Defendants' foreclosure, as a result of the breach of the Note and Mortgage. 9. Of course, because MM2 now owned the Subject Property and the Defendants expressly breached the terms of the mortgage precluding them from selling the Subject Property without my consent, I could not have engaged in any attempt or arrangement with them to subdivide the Property pursuant to the Letter Agreement referenced in their opposition papers. 2 of 4 FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022 10. I see from the Barbara Leonaggeo's Affidavit that she suggests I knew of MM2 or its member, Michael Milea at the time MM2 purchased the Subject Property. See Leonaggeo Aff ¶ 19. This absurd allegation is addressed in my attorney's affirmation at ¶ 54 and is entirely false. I did not know Michael Milea or absolutely anything about his transactions or arrangements with the Leonaggeos. WHEREFORE, itis respectfully requested that Plaintiff's motion for default and sununary Defendants' judgment be granted in its entirety and cross-motion be denied in its entirely. Richard von der Lieth Sworn to before me this 2 day of January, 2022 NOTARY PUBLI'C Jenna Presutti Notary Public State of New York Registration No.01PR6392071 Qualified In Dutchess 00mmianlon County Expires May 20, 20 3 3 of 4 FILED: DUTCHESS COUNTY CLERK 01/26/2022 02:03 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/26/2022 WORD COUNT CERTIFICATION I, Anthony J. Carlini, Jr., an attorney authorized to practice in all Courts of the State of New York, hereby certify that Pursuant to Rule 17 of the Statewide Rules of the Commercial Division, the foregoing Affidavit in Reply and Opposition to Defendants’ Cross-Motion exclusive of this certification, the caption, and signature block, consists of 424 words. The word count was performed using Microsoft Word’s word count function. /s/ Anthony C. Carlini, Jr. Anthony C. Carlini, Jr. 4 of 4