On April 21, 2021 a
Exhibit,Appendix
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 10/14/2022 04:13 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022
EXHIBIT “B”
FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022
Dutchess County Clerk Recording Page
Record & Retum To: Date Recorded: 10/11/2016
Time Recorded: 3:23 PM
HANDEL & CARLINI LLP
Document #: 02 2016 6994
62 EAST MAIN ST
WAPPINGERS FALLS, NY 12590
Received From: REAL PROPERTY ABSTRACT & TITLE SERV LLC
Grantor: GIORDANO LEONAGGEO BARBARA
Grantee: M M2 RE HOLDINGS 4 LLC
Recorded In: District·
Deed Tax Stanford
Instrument Type:
Examined and Charged As Follows :
Recording Charge: $190.00 Number of Pages: 4
Transfer Tax Amount $144.00
***
Includes Mansion Tax: $0.00 Do Not Detach This Page
***
Transfer Tax Number 1633 This is Not A Bill
Red Hook Transfer Tax:
RP5217: Y .
TP-584: Y
County Clerk By: ste
Receipt #: 34057
Batch Record: 223
Bradford Kendall
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FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022
CONSULT YouR LAWYER BEFORE stCNING THis INSTRUMENT-THis INsTRUMENT SHOuLD BE uSED BY I..AWYERSONLY.
THIS INDENTURE, made the fl_ day of « 'A'
, Two Thousand Sixteen
BETWEEN BARBARA GIORDANO-LEONAGGEO and
ROGER LEONAGGEO, residing at
150 Homan Road
Stanfordville, New York 12581
party of the firstpart, and
m-m2 RE HOLDINGS 4, LLC
residing at 131 Allen Rd.
Salt Point, New York 12578
party of thesecond part,
WITNESSETH, that the party of the first
part, in consideration of
TEN Dollars and 00/100 ($10.00) . dollars,
lawful money of the United States, and other valuable consideration paid by the party of the second
part,does hereby grant and release unto the party ofthe second part,the heirs or successors and
assigns of the party ofthe second part forever,
ALL thatcertain plot,piece or parcel of land,with the buildings and improvements thereon erected,
situate, lyingand being inthe Town of Stanfordville,·County ofDutchess and State ofNew York,
"A"
more particularlybounded and described on Schedule attached hereto and made a parthereof.
BEING the same premises conveyed to BARBARA GIORDANO-LEONAGGÊO, JACK GIORDANO,
JOSEPHINE GIORDANO and ROGER LEONAGGEO by deed dated 12/29/2000 and recorded in
the Dutchess County Cleries Office 12/29/2000 as Document No. 0242000-11790.
JACK GIORDANO died a resident of Dutchess County on .
JOSEPHINE GIORDANO died a resident of Dutchess County on .
PREMISES ARE NOT SUBJECT TO A CREDIT LINE MORTGAGE
TOGETHER with allright,titleand interest,ifany, of the party of the firstpart in and to any
streets and roads abutting the above described premises tothe center linesthereof;
. TOGETHER with the appurtenances and allthe estate and rights of the partyof the first
part in
and to said premises;
TO HAVE AND TO HOLD the premises herein granted unto the party ofthe second part,the
heirs or successors and assigns of the party of the second part forever.
AND the party of the firstpart covenants that the party of the first
part has not done or suffered
anything whereby the said premises have been encumbered in any way whatever, except as
aforesaid.
AND the party of the first
part, incompliance with Section 13 of the Lien Law, coveriants that the
party of the firstpart willreceive the consideration for thisconveyance and willhold the rightto
receive such consideration as a trustfund to be applied firstforthe purpose of paying the cost of the
improvemerit and will apply the same firsttothe payment of the cost-of the improvement before
"party"
using any partof the totalofthe same forany other purpose. The word shallbe construed as
"parties"
if it read whenever the sense of thisindenture so requires.
o .
IN WITNESS WHEREOF, the party of the first
part has duly executed thisdeed the daó and
year first
above written.
In Presence of: & e...
o GIORDA O-LEONAGGEO
L O
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FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022
ALLthatee
York, boundedandon-pieceorparcelofland,situatedintheTownof
described as follows: Stanford.Coenryofourchess.state
· of New
BEGINNING·at a point In the
junction of walls, southerly side of me highway
being the northwestedy corner of leading westerly fromRoute 82 near
lands of Russell south 8 lands of John D. &. Geo. M. McIntryre, at the
degrees29minutes Russell; thence along the wall
tine of Vincent and 41seconds west702.16 feet to a and
Agnes Flannery, north 8S corner of walls; thence
thence along a wait north degrees05 minutes 31 a wall the
8 degrees00 minutes seconds west 1049.9 feet to a along
the line of E.M. 10 secondseast 62.06 corner of walls;
Corbett. north 86 degrees14 feet to a arner
of walls: thence
thence crossing the minutes 25 seconds west along a wall
highway north 53 degrees46 739.64feet to the
westerly side of the highway thence minutes 40 seconds west easterly side of highway;
still 28.44 feet to a camer
1070.6 feet to a corner along Corbett; along wall north 83 of walls on the
with a fence; thence degees 50 minutes 20
thencestill along a fence north 81 degrees28 seconds west
along a fence south 80 degrees57 minutes30secondswest 310.57
_apieceof stone wall, in the minutes 10seconds west feet;
line of Ida Carnase; 144.48 feet tothe
4 degrees47minates thencealongCarnase intersectionof the fence and
35 secondseast554.12 along apiece of wall and thennge
50 seconds east feet
to a point in n thereof north
726.46 feet to a point in a wall; thence along a wall north
625.92 feet; thence wall; thence along a wall 6 degrees13
north 10 degrees23 minutes
along a wall north 10degrees02 núnutes 10 secondseast
5degrees 38 minutes28 minutes 20seconds east
secondseast328.29 feet;ton 53143 feet; thence
the wall on the cornerof waHson the along a wall, north
southerly side of the highway, the southerly side of a highivay; thence
secondseast 90.97 following coursesand distances: along
feet; south 25 degrees23 mam"c south 31 degrees45
secondseast 23.45 feet: 40 seconds east 127.10 minutes 50
south 68 degrees42 feet south 57 degrees
secondseast 111.58 feet; minutes 20 seconds east 26 minutes 00
south 57 degrees16 minutes 46.01 feet; south 85
secondseast 16939 feet; 40 secondseast degrees01 minutes 42
south 84 degrees12 192.66 feet; north 83
secondseast 214.93 minutes 42 secondseast degrees16 minutes 50
feet; thencesouth58 degrees43 39.S6 feet; south 67
corth31 degrees minutes50 secondseast degrees56 oúnutes50
16minutes 10secondsenst 69.08 feet; thence
along a wall, north34 degrees21 crossing the highway
43.69feettoacornerofwa!1s;thence
minutes 0 seconds along landsof Reisterand
24 minutes 4 1 east
20s.46
feetto
a Kochler,
secondseast226.62 feet; if*nra corner, thence along a
to a corner; thence along a wall south74 degrees47 wallsouth 85 degrees
a wall north 21
along minutes
10sceondseast208.68
28 degrees19 degrees29 minutes 50 feet
minutes 0 seconds east secondseast 217.48
278.82 feet; thence 112.09feet; thence feet; thencealong a wall
awall north 51 degrees27 a
along wallnorth
32 north
along
49 degrees12 minutes degrees51minutes10
30 secondseast minutes 00 seconds secondseast
157,04 feet; thence easttf74.16 feet; thence
204.35 feet; thence along a wall north 49 along a wall north
along a wall north 49 degreesf/ degees49minutes
thence in a straight minutes 10 secondseast
line, the fence running from
treeto tree,north 24 253.74 feet to the end50secondseast
of an old dam;
thencenorth 23 degrees degrees59 minutes20
40 secondseast336.79
secondseast 217.48 minutes50seconds east 103.77 feet;
feet; thencealong a wall thence along a wall, north feet;
walls in the line of lands north 12 degrees08 20 degEnes
37 minutes 40
of Frank and Emma minutes 50 secondseast
46 secondseast Schryer, thencealong same 72.94feet to a corner of
295.01 feet; thence along a wau, south 85 degrees23
of walls; thence along a waI1;south 89 degrees25 minutes
along lands of Jamesand minutes 25 secondseast
1129.16feet to a point in a Lucy Collins, along a fence, south 4 76.54 feet to a corner
wall; thencealong a degrees54 minutes45
along a wall south4 degrees31 wall,south 3 degrees2 minutes
07 seconds
seconds west
10 seconds west ndnutes22seconds west
367.82 feet; thence 213.42 feet; thence west160.16teet;thence
along a wall south 8 degrees52
along a fence,south 11 degrees01
along a fencesouth 4degrees minutes 30 secondswest minutes
27minutes36seconds 86.70 feet; thence
197.77 feet; thence west79.63feettoacornerwithawatt;thencealotgawall,south
85degrees00minutes59secondscast214.57teet;thencealongawall,
south 84 degrees26
along a wall south 86 degrees33 minutes 16 secondseast
along lands of N.B. and Gall mt=*12secondsensti08.62
Norman, a
along wall
south 9 degrees24 feet to a corner of
along a wall south 8 degrees29 minutes 40 secondswest walls; thence
the minutes 40 secondswest 547.07 feet; thence
highway; thence crossing the I170.12 feet to the corner of
beginning. highway south 11 degrees58 minutes wallsonthenortherly side of
40 seconds west 32.14
feet to the place of
' .
Giordano,
his wife, be deed dated
EXCE1rfINOtherefromso:nuchofthcabovedescribedptemisesaswasconveyed
page 883. January 6, 1975 add tecorded tolack ).Glordanonad
January 16, 19751n Liber 1399 ]osephine
. ot conveyancesat
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FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS )
On the _ day of oCÂ04 , 2016, before me, the undersigned, a notary public in and
for said state, personally appeared BARBARA GIORDANO-LEONAGGEO and ROGER
LEONAGGEO, personally known to me or proved to me on the basis ofsatisfactory evidence to be
the individual(s)whose name is(are)subscribed tothe within instrument and acknowledged tome
that he executed the same in his/her capacity and that by er si tureon the the
instriarnent, /
individual(s),or the person upon behalf ofwhich the in id l(s) , xecuted the instrument.
Ryfl8UBLIC
y, gays
NOTARY PUBLIC. STATE OF NEW YORK
NO. 0tHA6258803
QUAUFIED IN DUTCHESS COUNTY
My 0QMlmBSBN EMPIRESAPR 2, 2020
BARGAIN AND SALE DEED Section 6669
WITH COVENANT AGAINST GRANTOR'S ACTS Block 00
Lot 533189
TitleNo. Town of Stanford
GIORDANO-LEONAGGEO and LEONAGGEO
RECORD AND RETURN TO:
m-m2 RE HOLDINGS 4, LLC
O
a.
a.
Preview
FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022 EXHIBIT “B” FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022 Dutchess County Clerk Recording Page Record & Retum To: Date Recorded: 10/11/2016 Time Recorded: 3:23 PM HANDEL & CARLINI LLP Document #: 02 2016 6994 62 EAST MAIN ST WAPPINGERS FALLS, NY 12590 Received From: REAL PROPERTY ABSTRACT & TITLE SERV LLC Grantor: GIORDANO LEONAGGEO BARBARA Grantee: M M2 RE HOLDINGS 4 LLC Recorded In: District· Deed Tax Stanford Instrument Type: Examined and Charged As Follows : Recording Charge: $190.00 Number of Pages: 4 Transfer Tax Amount $144.00 *** Includes Mansion Tax: $0.00 Do Not Detach This Page *** Transfer Tax Number 1633 This is Not A Bill Red Hook Transfer Tax: RP5217: Y . TP-584: Y County Clerk By: ste Receipt #: 34057 Batch Record: 223 Bradford Kendall EMAIIIIBMAIMlil j 0220166994 O O O) CO O.. ¦ O... O) (D CD O O O FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022 CONSULT YouR LAWYER BEFORE stCNING THis INSTRUMENT-THis INsTRUMENT SHOuLD BE uSED BY I..AWYERSONLY. THIS INDENTURE, made the fl_ day of « 'A' , Two Thousand Sixteen BETWEEN BARBARA GIORDANO-LEONAGGEO and ROGER LEONAGGEO, residing at 150 Homan Road Stanfordville, New York 12581 party of the firstpart, and m-m2 RE HOLDINGS 4, LLC residing at 131 Allen Rd. Salt Point, New York 12578 party of thesecond part, WITNESSETH, that the party of the first part, in consideration of TEN Dollars and 00/100 ($10.00) . dollars, lawful money of the United States, and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party ofthe second part,the heirs or successors and assigns of the party ofthe second part forever, ALL thatcertain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lyingand being inthe Town of Stanfordville,·County ofDutchess and State ofNew York, "A" more particularlybounded and described on Schedule attached hereto and made a parthereof. BEING the same premises conveyed to BARBARA GIORDANO-LEONAGGÊO, JACK GIORDANO, JOSEPHINE GIORDANO and ROGER LEONAGGEO by deed dated 12/29/2000 and recorded in the Dutchess County Cleries Office 12/29/2000 as Document No. 0242000-11790. JACK GIORDANO died a resident of Dutchess County on . JOSEPHINE GIORDANO died a resident of Dutchess County on . PREMISES ARE NOT SUBJECT TO A CREDIT LINE MORTGAGE TOGETHER with allright,titleand interest,ifany, of the party of the firstpart in and to any streets and roads abutting the above described premises tothe center linesthereof; . TOGETHER with the appurtenances and allthe estate and rights of the partyof the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party ofthe second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the firstpart covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, incompliance with Section 13 of the Lien Law, coveriants that the party of the firstpart willreceive the consideration for thisconveyance and willhold the rightto receive such consideration as a trustfund to be applied firstforthe purpose of paying the cost of the improvemerit and will apply the same firsttothe payment of the cost-of the improvement before "party" using any partof the totalofthe same forany other purpose. The word shallbe construed as "parties" if it read whenever the sense of thisindenture so requires. o . IN WITNESS WHEREOF, the party of the first part has duly executed thisdeed the daó and year first above written. In Presence of: & e... o GIORDA O-LEONAGGEO L O o O) FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022 ALLthatee York, boundedandon-pieceorparcelofland,situatedintheTownof described as follows: Stanford.Coenryofourchess.state · of New BEGINNING·at a point In the junction of walls, southerly side of me highway being the northwestedy corner of leading westerly fromRoute 82 near lands of Russell south 8 lands of John D. &. Geo. M. McIntryre, at the degrees29minutes Russell; thence along the wall tine of Vincent and 41seconds west702.16 feet to a and Agnes Flannery, north 8S corner of walls; thence thence along a wait north degrees05 minutes 31 a wall the 8 degrees00 minutes seconds west 1049.9 feet to a along the line of E.M. 10 secondseast 62.06 corner of walls; Corbett. north 86 degrees14 feet to a arner of walls: thence thence crossing the minutes 25 seconds west along a wall highway north 53 degrees46 739.64feet to the westerly side of the highway thence minutes 40 seconds west easterly side of highway; still 28.44 feet to a camer 1070.6 feet to a corner along Corbett; along wall north 83 of walls on the with a fence; thence degees 50 minutes 20 thencestill along a fence north 81 degrees28 seconds west along a fence south 80 degrees57 minutes30secondswest 310.57 _apieceof stone wall, in the minutes 10seconds west feet; line of Ida Carnase; 144.48 feet tothe 4 degrees47minates thencealongCarnase intersectionof the fence and 35 secondseast554.12 along apiece of wall and thennge 50 seconds east feet to a point in n thereof north 726.46 feet to a point in a wall; thence along a wall north 625.92 feet; thence wall; thence along a wall 6 degrees13 north 10 degrees23 minutes along a wall north 10degrees02 núnutes 10 secondseast 5degrees 38 minutes28 minutes 20seconds east secondseast328.29 feet;ton 53143 feet; thence the wall on the cornerof waHson the along a wall, north southerly side of the highway, the southerly side of a highivay; thence secondseast 90.97 following coursesand distances: along feet; south 25 degrees23 mam"c south 31 degrees45 secondseast 23.45 feet: 40 seconds east 127.10 minutes 50 south 68 degrees42 feet south 57 degrees secondseast 111.58 feet; minutes 20 seconds east 26 minutes 00 south 57 degrees16 minutes 46.01 feet; south 85 secondseast 16939 feet; 40 secondseast degrees01 minutes 42 south 84 degrees12 192.66 feet; north 83 secondseast 214.93 minutes 42 secondseast degrees16 minutes 50 feet; thencesouth58 degrees43 39.S6 feet; south 67 corth31 degrees minutes50 secondseast degrees56 oúnutes50 16minutes 10secondsenst 69.08 feet; thence along a wall, north34 degrees21 crossing the highway 43.69feettoacornerofwa!1s;thence minutes 0 seconds along landsof Reisterand 24 minutes 4 1 east 20s.46 feetto a Kochler, secondseast226.62 feet; if*nra corner, thence along a to a corner; thence along a wall south74 degrees47 wallsouth 85 degrees a wall north 21 along minutes 10sceondseast208.68 28 degrees19 degrees29 minutes 50 feet minutes 0 seconds east secondseast 217.48 278.82 feet; thence 112.09feet; thence feet; thencealong a wall awall north 51 degrees27 a along wallnorth 32 north along 49 degrees12 minutes degrees51minutes10 30 secondseast minutes 00 seconds secondseast 157,04 feet; thence easttf74.16 feet; thence 204.35 feet; thence along a wall north 49 along a wall north along a wall north 49 degreesf/ degees49minutes thence in a straight minutes 10 secondseast line, the fence running from treeto tree,north 24 253.74 feet to the end50secondseast of an old dam; thencenorth 23 degrees degrees59 minutes20 40 secondseast336.79 secondseast 217.48 minutes50seconds east 103.77 feet; feet; thencealong a wall thence along a wall, north feet; walls in the line of lands north 12 degrees08 20 degEnes 37 minutes 40 of Frank and Emma minutes 50 secondseast 46 secondseast Schryer, thencealong same 72.94feet to a corner of 295.01 feet; thence along a wau, south 85 degrees23 of walls; thence along a waI1;south 89 degrees25 minutes along lands of Jamesand minutes 25 secondseast 1129.16feet to a point in a Lucy Collins, along a fence, south 4 76.54 feet to a corner wall; thencealong a degrees54 minutes45 along a wall south4 degrees31 wall,south 3 degrees2 minutes 07 seconds seconds west 10 seconds west ndnutes22seconds west 367.82 feet; thence 213.42 feet; thence west160.16teet;thence along a wall south 8 degrees52 along a fence,south 11 degrees01 along a fencesouth 4degrees minutes 30 secondswest minutes 27minutes36seconds 86.70 feet; thence 197.77 feet; thence west79.63feettoacornerwithawatt;thencealotgawall,south 85degrees00minutes59secondscast214.57teet;thencealongawall, south 84 degrees26 along a wall south 86 degrees33 minutes 16 secondseast along lands of N.B. and Gall mt=*12secondsensti08.62 Norman, a along wall south 9 degrees24 feet to a corner of along a wall south 8 degrees29 minutes 40 secondswest walls; thence the minutes 40 secondswest 547.07 feet; thence highway; thence crossing the I170.12 feet to the corner of beginning. highway south 11 degrees58 minutes wallsonthenortherly side of 40 seconds west 32.14 feet to the place of ' . Giordano, his wife, be deed dated EXCE1rfINOtherefromso:nuchofthcabovedescribedptemisesaswasconveyed page 883. January 6, 1975 add tecorded tolack ).Glordanonad January 16, 19751n Liber 1399 ]osephine . ot conveyancesat O CO ¦ O) (U Q. Ts ¦ O) CD (O C.0 x- O CNI CNI O O O O E FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:13 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 10/14/2022 STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS ) On the _ day of oCÂ04 , 2016, before me, the undersigned, a notary public in and for said state, personally appeared BARBARA GIORDANO-LEONAGGEO and ROGER LEONAGGEO, personally known to me or proved to me on the basis ofsatisfactory evidence to be the individual(s)whose name is(are)subscribed tothe within instrument and acknowledged tome that he executed the same in his/her capacity and that by er si tureon the the instriarnent, / individual(s),or the person upon behalf ofwhich the in id l(s) , xecuted the instrument. Ryfl8UBLIC y, gays NOTARY PUBLIC. STATE OF NEW YORK NO. 0tHA6258803 QUAUFIED IN DUTCHESS COUNTY My 0QMlmBSBN EMPIRESAPR 2, 2020 BARGAIN AND SALE DEED Section 6669 WITH COVENANT AGAINST GRANTOR'S ACTS Block 00 Lot 533189 TitleNo. Town of Stanford GIORDANO-LEONAGGEO and LEONAGGEO RECORD AND RETURN TO: m-m2 RE HOLDINGS 4, LLC O a. a.