ATEAM MANAGEMENT & CONSULTING, INC. v. MONTELEONE & MONTELEONE

0112557/2007, Seq. 002.

2008 NY Slip Op 31954 (U)

ATEAM MANAGEMENT AND CONSULTING, INC, Plaintiff, v. MONTELEONE AND MONTELEONE, a partnership, and ANTHONY J. MONTELEONE, Defendants.

Supreme Court of the State of New York, New York County.

July 8, 2008.


DORIS LING-COHAN, Judge.

Defendants move to dismiss the complaint.

The complaint alleges the following in 2004, plaintiff loaned $200,000 to non-parties Ann and Theodore D'Agostino. Defendants, attorneys, had originally been retained by Ann D'Agostino. Defendants were the only attorneys in this transaction. The D'Agostinos gave plaintiff a promissory note ("Note") providing that "this Note shall be secured by a mortgage to be recorded on the premises" owned...

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