OLIVETO HOLDINGS, INC. v. RATTENNI

2011-11734, 2012-03610, Index No. 2203/08.

110 A.D.3d 969 (2013)

973 N.Y.S.2d 321

2013 NY Slip Op 6844

OLIVETO HOLDINGS, INC., Respondent, v. ALFRED RATTENNI, Appellant, et al., Defendants.

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

Decided October 23, 2013.


In an action to foreclose a mortgage, the defendant Alfred Rattenni appeals from (1) an order of the Supreme Court, Putnam County (Nicolai, J.), dated November 28, 2011, which denied his motion pursuant to CPLR 4404 (b) to set aside a decision of the same court dated June 30, 2011, made after a nonjury trial, and for judgment as a matter of law on the ground that the subject mortgage loan was usurious, and (2) a judgment of foreclosure...

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