CENTRAL MTGE. CO. v. CINQUE

2019-05208. Index No. 611669/15.

194 A.D.3d 1005 (2021)

144 N.Y.S.3d 598

2021 NY Slip Op 03301

Central Mortgage Company, Respondent, v. Alfonso Cinque, Appellant, et al., Defendants.

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

Decided May 26, 2021.


Attorney(s) appearing for the Case

Alfonso Cinque, Wading River, NY, appellant pro se.

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for respondent.

Chambers, J.P., Miller, Barros and Christopher, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

The plaintiff commenced this foreclosure action on November 2, 2015. After joinder of issue, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant Alfonso Cinque (hereinafter the defendant) and for an order of reference. The defendant opposed the motion, contending that the subject loan was usurious. By order dated November...

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