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 10/12/2022 02:36 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNW OF DUTCHESS
MOTION TO SET ASIDE
RICHARD VON DER LIETH
Plaintiff,
-against-
lndex No. 2021-5L452
BARBARA G IORDANO.LEONAGG EO,
ROGER LEONAGGEO, JACK GIORDANO,
M-M2 HOLDINGS 4, LLC, et al. Assigned Judge:
Defendants, Hon. Maria G. Rosa
STATE OF NEW YORK }
} SS:
couNw oF DUTCHESS )
BARBARA GIORDANO-LEONAGGEO, being duly sworn, deposes and says:
' 1. I am a Defendant, Pro Se, in the above-entitled action and, as such, I am
. fully familiar with the facts and circumstances of the above case. I submit
this Affidavit in support of Defendants' motion to set aside.
2. The above case, lndex No. 2021-5L452 should be put aside pursuant to
CPLR 222L (dX2) because this property at 107 Homan Road, Stanfordville,
New York,12581, Grid No. 135200-6669-00-533189, is encumbered by two
mortgages:
a) Richard von der Lieth
b) M-M2 Re Holdings 1, LLC
As per the Title Search Reports of:
a) Regency Abstract Services, Ltd (Exhibit A)
b) Queen City Abstract (Exhibit B)
c) Poughkeepsie Abstract {Exhibit C)
1 of 4
FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022
'-e-
I believe background is prudent, relevant and necessary. A copy of my Affidavit
in my Motion to Consolidate herein is annexed hereto as Exhibit D.
I reaffirm the truth of each and every allegation set forth in the Affidavit
referring to lndex No. 2018/50487 and lndex No. 2018/50671.
3. The night before the Count/s deadline date of Octobe r L!,2AL6. Michael
Milea (M-Mz Re Holdings 1, LLC and M-M2 Re Holdings 4,LLC) scheduled a
telephone conversation with Barbara and Roger Leonaggeo and Jordan
Haug, €se.to inform the Leonaggeos that to proceed with the mortgage
Ioan agreement closing already discussed for the next day, October L1,
2016, they would have to sell to him their 101 acre parcel (the above
subject propertylfor 525,000.00. Please know that the defendants, the
Leonaggeos, did not learn about Mr. Milea's "Holding Companies" tillthe
closing day. They were led to believe that all their dealings were with a
private lender, Mr. Milea. During this telephone conversation with Mr-
Milea and Mr. Haug {our first introduction with Mr. Haug} of the firm
Handel and Carlini, LLP (also Mr. von der Lieth's attorney firm) the
' Leonaggeos informed them of Mr. von der lieth's mortgage on the subject
parcel, which would need to be paid. Mr. Milea and Mr. Haug both agreed
that this would be done. As per their request, all closing documents with
Mr. von der lieth were brought to the closing, at which time, Mr. haug
made all co.pies and assured us again that Mr. von der Lieth's mortgage on
this subject property, would be settled. Needless to say, Mr. von der Lieth
was never paid, even when Mr. Milea's retained his third and current,
attorney, Karen Hagstrom, Esq. of the firm Stenger, Diamond & Glass, and
she submitted a letter to that effect to Judge Hayes on October 1.5, Z:OZL.
(Exhibit E).
4. Besides the above subject case (lD No, 2021-5L4521, the defendant,
Barbara Giordano-Leonaggeo, is also acting Pro 5e in two other cases
against Michael Milea: lD No. 20L8-50487 involving our Residence and lD
2 of 4
FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022
- a-
No. 2018-53854 involving our Stable. Mr. Milea is representing himself in
these actions as M-M2 Re Holdings L, LLC and M-M2 Re Holdings 13, LLC,
respectively. The Residence case is currently active and an Appeal is
pending in the Appellate Division Second Department Docket No. 2021-
00930 {Exhibit F}. The Stable case {lD No. 2018-53854) is currently active in
Judge Acker's Court. The Land case (lD No. 2018-50671) M-M2 Re Holdings
4, LLC v. Barbara Giordano-Leonaggeo, et al., which involves the property in
the above subject case, is to be perfected in the Appellate Division Second
Department Docket No. 2022-0L257 (Exhibit G).
5. ln summary, a motion to reargue is addressed to the Court and is designed
to afford a party an opportunity to establish that the Court overlooked or
misapprehended the relevant facts, or misapplied a controlling principle of
law {CPLR 2221 (dX2)}.
l, Barbara Giordano-Leonaggeo, Pro Se, Defendant has demonstrated the
matters of fact or law that I believe the court has misapprehended or
mistakenly overlooked a fact (Hoffmann v. Debello-Teheny, 27 AD3d743
{2nd Dept.2006}}.
WHEREFORE, deponent respectfully requests that the Defendants' Motion
to set Aside be granted, together with such other and further relief as to
this Court may deem just and proper.
3 of 4
FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022
rL-
Dated: October 6,2A22
Defendant Pro Se
Sworn to me on
ft{t dayof Crl+har .zozz
4 of 4
Preview
FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNW OF DUTCHESS MOTION TO SET ASIDE RICHARD VON DER LIETH Plaintiff, -against- lndex No. 2021-5L452 BARBARA G IORDANO.LEONAGG EO, ROGER LEONAGGEO, JACK GIORDANO, M-M2 HOLDINGS 4, LLC, et al. Assigned Judge: Defendants, Hon. Maria G. Rosa STATE OF NEW YORK } } SS: couNw oF DUTCHESS ) BARBARA GIORDANO-LEONAGGEO, being duly sworn, deposes and says: ' 1. I am a Defendant, Pro Se, in the above-entitled action and, as such, I am . fully familiar with the facts and circumstances of the above case. I submit this Affidavit in support of Defendants' motion to set aside. 2. The above case, lndex No. 2021-5L452 should be put aside pursuant to CPLR 222L (dX2) because this property at 107 Homan Road, Stanfordville, New York,12581, Grid No. 135200-6669-00-533189, is encumbered by two mortgages: a) Richard von der Lieth b) M-M2 Re Holdings 1, LLC As per the Title Search Reports of: a) Regency Abstract Services, Ltd (Exhibit A) b) Queen City Abstract (Exhibit B) c) Poughkeepsie Abstract {Exhibit C) 1 of 4 FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022 '-e- I believe background is prudent, relevant and necessary. A copy of my Affidavit in my Motion to Consolidate herein is annexed hereto as Exhibit D. I reaffirm the truth of each and every allegation set forth in the Affidavit referring to lndex No. 2018/50487 and lndex No. 2018/50671. 3. The night before the Count/s deadline date of Octobe r L!,2AL6. Michael Milea (M-Mz Re Holdings 1, LLC and M-M2 Re Holdings 4,LLC) scheduled a telephone conversation with Barbara and Roger Leonaggeo and Jordan Haug, €se.to inform the Leonaggeos that to proceed with the mortgage Ioan agreement closing already discussed for the next day, October L1, 2016, they would have to sell to him their 101 acre parcel (the above subject propertylfor 525,000.00. Please know that the defendants, the Leonaggeos, did not learn about Mr. Milea's "Holding Companies" tillthe closing day. They were led to believe that all their dealings were with a private lender, Mr. Milea. During this telephone conversation with Mr- Milea and Mr. Haug {our first introduction with Mr. Haug} of the firm Handel and Carlini, LLP (also Mr. von der Lieth's attorney firm) the ' Leonaggeos informed them of Mr. von der lieth's mortgage on the subject parcel, which would need to be paid. Mr. Milea and Mr. Haug both agreed that this would be done. As per their request, all closing documents with Mr. von der lieth were brought to the closing, at which time, Mr. haug made all co.pies and assured us again that Mr. von der Lieth's mortgage on this subject property, would be settled. Needless to say, Mr. von der Lieth was never paid, even when Mr. Milea's retained his third and current, attorney, Karen Hagstrom, Esq. of the firm Stenger, Diamond & Glass, and she submitted a letter to that effect to Judge Hayes on October 1.5, Z:OZL. (Exhibit E). 4. Besides the above subject case (lD No, 2021-5L4521, the defendant, Barbara Giordano-Leonaggeo, is also acting Pro 5e in two other cases against Michael Milea: lD No. 20L8-50487 involving our Residence and lD 2 of 4 FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022 - a- No. 2018-53854 involving our Stable. Mr. Milea is representing himself in these actions as M-M2 Re Holdings L, LLC and M-M2 Re Holdings 13, LLC, respectively. The Residence case is currently active and an Appeal is pending in the Appellate Division Second Department Docket No. 2021- 00930 {Exhibit F}. The Stable case {lD No. 2018-53854) is currently active in Judge Acker's Court. The Land case (lD No. 2018-50671) M-M2 Re Holdings 4, LLC v. Barbara Giordano-Leonaggeo, et al., which involves the property in the above subject case, is to be perfected in the Appellate Division Second Department Docket No. 2022-0L257 (Exhibit G). 5. ln summary, a motion to reargue is addressed to the Court and is designed to afford a party an opportunity to establish that the Court overlooked or misapprehended the relevant facts, or misapplied a controlling principle of law {CPLR 2221 (dX2)}. l, Barbara Giordano-Leonaggeo, Pro Se, Defendant has demonstrated the matters of fact or law that I believe the court has misapprehended or mistakenly overlooked a fact (Hoffmann v. Debello-Teheny, 27 AD3d743 {2nd Dept.2006}}. WHEREFORE, deponent respectfully requests that the Defendants' Motion to set Aside be granted, together with such other and further relief as to this Court may deem just and proper. 3 of 4 FILED: DUTCHESS COUNTY CLERK 10/12/2022 02:36 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 10/12/2022 rL- Dated: October 6,2A22 Defendant Pro Se Sworn to me on ft{t dayof Crl+har .zozz 4 of 4