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CICERO v. ASPEN HILLS II, LLC

510753.

85 A.D.3d 1411 (2011)

926 N.Y.S.2d 680

2011 NY Slip Op 5152

LUIGI CICERO, Appellant, v. ASPEN HILLS II, LLC, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 16, 2011.

SPAIN, J.

In 2005, defendants Aspen Hills II, LLC, Robert A. Bosman, Judith E. Janco, Kevin C. Thompson and J. Whitney Thompson (hereinafter collectively referred to as defendants) borrowed $480,000 from plaintiff in order to develop property owned by Aspen Hills located in the Town of Johnstown, Fulton County. The loan was secured by a mortgage on Aspen Hills' property. In July 2008, after defendants failed to make required payments, plaintiff commenced a foreclosure...

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