Preview
FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNW OF DUTCHESS
M.M2 RE HOLDINGS ]., LLC, AFFIDAVIT
Plaintiff
-against- lndex No. 2018150487
BARBARA G IORDAN O.LEONAGG EO,
ROGER LEONAGGEO, JACK GIORDANO,
Defendants
M.M2 RE HOLDINGS 4, LLC,
Plaintiff
-against- lndex No. 201815o67t
BARBARA GIORDANO-LEONAGGEO, individually
And as Executrix of the Estate of Josephine
Giordano, Jack Giordano, Roger Leonaggeo,
Defendants
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS
BARBARA GIORDANO-LEONAGGEO, being duly sworn, deposes and says:
L. I am a Defendant, Pro Se, in the above-entitled action and, as such, I am
fully familiar with the facts and circumstances of both the above cases. I
submit this Affidavit in support of Defendants' motion for consolidation.
2. A copy of the Amended Answers and Counterclaims herein is annexed
hereto as Exhibit "A" and Exhibit "8" . I reaffirm the truth of each and every
-1-
FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022
allegation set forth in the Amended Verified Answers and Counterclaims of
both lndex No. 2018150487 and lndex No. 2018150671.
3. ln eary October 2016, the Defendants were introduced to Michael Milea
(M-M2 Re Holdings 1, LLC ; M-MZ Re Holdings 4, LLC) by realestate broker
Susan Budai. The Defendants negotiated a mortgage with Michael Milea
for 535,732 to rectify a tax issue involving the Defendants' home. The
Plaintiff (Michael Milea) was well aware that the Defendants' home was in
impending risk of being foreclosed by the county on October L1, 20L6. This
mortgage was to be collateralized with the Defendants' house property
Parcel I only (approximate value SS00,OOO). The day before the county
deadline date, the Plaintiff demanded that the Defendants sell the adjacent
101 acre land Parcel lll,appraised value of 5995,000 (see Exhibit "C") to him
for 525,000 or he would not do the previously negotiated mortgage loan.
The defendants' home of nearly half a century, 3 generations, was in
imminent danger. Under this extreme duress, the Defendants had no
choice but to submit to the Plaintiffs demand. Unbeknownst to the
defendants, until the closing, the Plaintiff also forced upon the Defendants
a one year lease, 51000 a month, on the "forced land sale" property, Parcel
lll. The entire one year lease amount of 512,000 was immediately taken in
full at the closing. The Defendants left the closing with zero funds.
4. The mortgage loan on Defendants' house (Parcel l), the forced land sale
(Parcel lll),the forced lease agreement on Parcel lll, and the option to buy-
back Parcel lllfor SSO,0O1 were all closed simultaneously as one transaction
on October L1, 2AL5 by the Plaintiff's attorney, Jordan Haug of the Law
Firm: Handel and Carlini, LLP. The Defendants paid the Plaintiff, pursuant
to the contracts 5L2,684 in house mortgage payments and 512,000 in land
lease payments,
5. Beginning in March 2O!7,the Defendants were encouraged and assisted
by Susan Budai to initiate conversations with the Plaintiff about a Mortgage
Modification, which would include satisfying the balloon mortgage on the
house parcel, the land parcel buy-back option, satisfaction of the stable
parcel mortgage held by Susan Budai, repairs and seed money for the
Equine/Canine Rehabilitation Center , a multi-million dollar project, on the
drawing board since 2OA4, and slated to be constructed on the Defendants'
-2-
FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022
Farm properties. Already approved by the Town of Stanford, the
Defendants' project will create hundreds of direct and indirect jobs.
6. On March 3'd 2A!7, as per the Plaintiff's request, the Defendants emailed
to him the Project's extensive details: proforma, architectural and engineer
drawings, topographical maps and veterinary medical/support teams. The
Plaintiff responded that the Project was "very impressive." Beginning in
March the Plaintiff had his team of construction, engineers, and
landscapers visit the Defendants home and farm properties multiple times
to create estimates. The Defendants were not allowed to discuss the
estimates or have any discussions with the Plaintiff's team.
7, From March to August, the Defendants pushed the Plaintiff for the
"Mortgage Modification" document. The procrastination continued until
August 3,2At7 when the Plaintiff proclaimed that the closing would be
August LL,2AL7. The Defendants retained an attorney, Cara Whelan of
Mackey, Butts & Wise, LLP to assist with the Mortgage Modification,
closing, and settlements. Finally, late Friday, August L1.,2OL7, via email, the
Plaintiff's attorney sent the Mortgage Modification document to the
Defendants' attorney. lt was 48 pages. Knowing that the Defendants were
out of town until August L5, 2OL7, the Plaintiff withdrew via email on
August 1.4,20L7 , before the Defendants could review the documents.
8. From August 20L7 through October 2A!7, the Plaintiff had Susan Budai
pleading with the Defendants to sign a General Release stating never to sue
the Plaintiff. During this same time period, the Plaintiffs attorney was
requesting the same from the Defendants'attorney.
9. ln September 2077, the Defendants'attorney, discovered the Mortgage
was not collateralized with the House Parcel as originally discussed but was
collateralized with the Land Parcel (Ex. "D"), which Plaintiff forcibly bought.
Also, during this time period, the Plaintiffs attorney asked the Defendants'
attorney for the Original Mortgage Agreement, as they did not have it. The
House mortgage which was signed on October 1.1, 2016 was not recorded
until August 29, zAfi with a defective Affidavit by the Plaintiffs original
attorney, Jordan Haug. The property description in the Affidavit is
completely incorrect encompassing not only House Parcel I and the Land
Parcel lll, but also the Stable Parcel ll and a 105 acre parcel which
-3-
FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022
was conveyed to H&L Equine in 2010.
10. From November 2AL7 to March 2018 there was no interaction between
the Plaintiff and the Defendants. On March 3'd, 20L8, the Defendants
began receiving documents from the Plaintiff's new attorney, Corbally,
Gartland and Rappleyea, LLP, who is also for many years, Susan Budai's
attorney.
11. The parties in both actions are the same people. Myself, Barbara
Giordano-Leonaggeo and my husband, Roger Leonaggeo are the
Defendants. Michael Milea and M-M2 Re Holdings 1, LLC and M-M2 Re
Holdings 4, LLC are the Plaintiff. These are two of many Holding companies
owned by Michael Milea.
L2. Both actions arise from the same transaction in that, one action (lndex
No. 2018/5A4871would not have happened without the other action (lndex
No. 2018150671). The land sale was a demand by the Plaintiff in order to
close the house mortgage.
13. As previously stated, both actions were signed on the same day, October
lL,2016, at the same closing.
WHEREFORE, deponent respectfully requests that the Defendants' Motion to
Consolidate be granted, together with such other and further relief as to this
Court may seem just and proper.
Dated: February 19, 201.9
Defendant Pro Se
no-Leonaggeo
Sworn to me on this .aoi,
,lQ day of f Er,eLtAK\ ,M,
-4-
r,tAUORlt A. pl{93
NOTARY PUBUC, gtltcor lLr Vott
No.0rr0636852a
Qualific{lnDutcltccoGoffi
Commtiton Explrcs D.ctmbcr lA, ^,
-AJ-
Preview
FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNW OF DUTCHESS M.M2 RE HOLDINGS ]., LLC, AFFIDAVIT Plaintiff -against- lndex No. 2018150487 BARBARA G IORDAN O.LEONAGG EO, ROGER LEONAGGEO, JACK GIORDANO, Defendants M.M2 RE HOLDINGS 4, LLC, Plaintiff -against- lndex No. 201815o67t BARBARA GIORDANO-LEONAGGEO, individually And as Executrix of the Estate of Josephine Giordano, Jack Giordano, Roger Leonaggeo, Defendants STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS BARBARA GIORDANO-LEONAGGEO, being duly sworn, deposes and says: L. I am a Defendant, Pro Se, in the above-entitled action and, as such, I am fully familiar with the facts and circumstances of both the above cases. I submit this Affidavit in support of Defendants' motion for consolidation. 2. A copy of the Amended Answers and Counterclaims herein is annexed hereto as Exhibit "A" and Exhibit "8" . I reaffirm the truth of each and every -1- FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022 allegation set forth in the Amended Verified Answers and Counterclaims of both lndex No. 2018150487 and lndex No. 2018150671. 3. ln eary October 2016, the Defendants were introduced to Michael Milea (M-M2 Re Holdings 1, LLC ; M-MZ Re Holdings 4, LLC) by realestate broker Susan Budai. The Defendants negotiated a mortgage with Michael Milea for 535,732 to rectify a tax issue involving the Defendants' home. The Plaintiff (Michael Milea) was well aware that the Defendants' home was in impending risk of being foreclosed by the county on October L1, 20L6. This mortgage was to be collateralized with the Defendants' house property Parcel I only (approximate value SS00,OOO). The day before the county deadline date, the Plaintiff demanded that the Defendants sell the adjacent 101 acre land Parcel lll,appraised value of 5995,000 (see Exhibit "C") to him for 525,000 or he would not do the previously negotiated mortgage loan. The defendants' home of nearly half a century, 3 generations, was in imminent danger. Under this extreme duress, the Defendants had no choice but to submit to the Plaintiffs demand. Unbeknownst to the defendants, until the closing, the Plaintiff also forced upon the Defendants a one year lease, 51000 a month, on the "forced land sale" property, Parcel lll. The entire one year lease amount of 512,000 was immediately taken in full at the closing. The Defendants left the closing with zero funds. 4. The mortgage loan on Defendants' house (Parcel l), the forced land sale (Parcel lll),the forced lease agreement on Parcel lll, and the option to buy- back Parcel lllfor SSO,0O1 were all closed simultaneously as one transaction on October L1, 2AL5 by the Plaintiff's attorney, Jordan Haug of the Law Firm: Handel and Carlini, LLP. The Defendants paid the Plaintiff, pursuant to the contracts 5L2,684 in house mortgage payments and 512,000 in land lease payments, 5. Beginning in March 2O!7,the Defendants were encouraged and assisted by Susan Budai to initiate conversations with the Plaintiff about a Mortgage Modification, which would include satisfying the balloon mortgage on the house parcel, the land parcel buy-back option, satisfaction of the stable parcel mortgage held by Susan Budai, repairs and seed money for the Equine/Canine Rehabilitation Center , a multi-million dollar project, on the drawing board since 2OA4, and slated to be constructed on the Defendants' -2- FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022 Farm properties. Already approved by the Town of Stanford, the Defendants' project will create hundreds of direct and indirect jobs. 6. On March 3'd 2A!7, as per the Plaintiff's request, the Defendants emailed to him the Project's extensive details: proforma, architectural and engineer drawings, topographical maps and veterinary medical/support teams. The Plaintiff responded that the Project was "very impressive." Beginning in March the Plaintiff had his team of construction, engineers, and landscapers visit the Defendants home and farm properties multiple times to create estimates. The Defendants were not allowed to discuss the estimates or have any discussions with the Plaintiff's team. 7, From March to August, the Defendants pushed the Plaintiff for the "Mortgage Modification" document. The procrastination continued until August 3,2At7 when the Plaintiff proclaimed that the closing would be August LL,2AL7. The Defendants retained an attorney, Cara Whelan of Mackey, Butts & Wise, LLP to assist with the Mortgage Modification, closing, and settlements. Finally, late Friday, August L1.,2OL7, via email, the Plaintiff's attorney sent the Mortgage Modification document to the Defendants' attorney. lt was 48 pages. Knowing that the Defendants were out of town until August L5, 2OL7, the Plaintiff withdrew via email on August 1.4,20L7 , before the Defendants could review the documents. 8. From August 20L7 through October 2A!7, the Plaintiff had Susan Budai pleading with the Defendants to sign a General Release stating never to sue the Plaintiff. During this same time period, the Plaintiffs attorney was requesting the same from the Defendants'attorney. 9. ln September 2077, the Defendants'attorney, discovered the Mortgage was not collateralized with the House Parcel as originally discussed but was collateralized with the Land Parcel (Ex. "D"), which Plaintiff forcibly bought. Also, during this time period, the Plaintiffs attorney asked the Defendants' attorney for the Original Mortgage Agreement, as they did not have it. The House mortgage which was signed on October 1.1, 2016 was not recorded until August 29, zAfi with a defective Affidavit by the Plaintiffs original attorney, Jordan Haug. The property description in the Affidavit is completely incorrect encompassing not only House Parcel I and the Land Parcel lll, but also the Stable Parcel ll and a 105 acre parcel which -3- FILED: DUTCHESS COUNTY CLERK 10/11/2022 06:30 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 10/11/2022 was conveyed to H&L Equine in 2010. 10. From November 2AL7 to March 2018 there was no interaction between the Plaintiff and the Defendants. On March 3'd, 20L8, the Defendants began receiving documents from the Plaintiff's new attorney, Corbally, Gartland and Rappleyea, LLP, who is also for many years, Susan Budai's attorney. 11. The parties in both actions are the same people. Myself, Barbara Giordano-Leonaggeo and my husband, Roger Leonaggeo are the Defendants. Michael Milea and M-M2 Re Holdings 1, LLC and M-M2 Re Holdings 4, LLC are the Plaintiff. These are two of many Holding companies owned by Michael Milea. L2. Both actions arise from the same transaction in that, one action (lndex No. 2018/5A4871would not have happened without the other action (lndex No. 2018150671). The land sale was a demand by the Plaintiff in order to close the house mortgage. 13. As previously stated, both actions were signed on the same day, October lL,2016, at the same closing. WHEREFORE, deponent respectfully requests that the Defendants' Motion to Consolidate be granted, together with such other and further relief as to this Court may seem just and proper. Dated: February 19, 201.9 Defendant Pro Se no-Leonaggeo Sworn to me on this .aoi, ,lQ day of f Er,eLtAK\ ,M, -4- r,tAUORlt A. pl{93 NOTARY PUBUC, gtltcor lLr Vott No.0rr0636852a Qualific{lnDutcltccoGoffi Commtiton Explrcs D.ctmbcr lA, ^, -AJ-