MONTEROSSO v. GARGUILO

2017-02862, Index No. 150750/16.

181 A.D.3d 586 (2020)

117 N.Y.S.3d 584

2020 NY Slip Op 01488

Steven Monterosso et al., Appellants, v. Elaine Garguilo et al., Respondents.

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

Decided March 4, 2020.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action, inter alia, to impose a constructive trust upon certain real property to which they lost title in a previous foreclosure action, and for a judgment declaring that the referee's deed transferring title to the property to the defendants was void as the product of a usurious loan transaction. The defendants moved pursuant to CPLR 3211(a) to dismiss the complaint, and the Supreme Court...

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