DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE SECURITIES INC COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES SERIES 2011 C4 ACTING BY AND THROUGH RIALTO CAPITAL ADVISORS LLC AS SPECIAL SERVICER UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 2011 PLAINTIFF APPELLANT v. FREDONIA TEMPLE BRIGHAM APARTMENTS LLC BRETT FITZPATRICK DAVID HUCK LORETTA FITZPATRICK AS EXECUTRIX OF THE ESTATE OF MICHAEL FITZPATRICK DECEASED GERALD KELLY DEFENDANTS RESPONDENTS ET AL DEFENDANT APPEAL NO (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE SECURITIES, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-C4, ACTING BY AND THROUGH RIALTO CAPITAL ADVISORS, LLC, AS SPECIAL SERVICER UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2011, PLAINTIFF-APPELLANT, v. FREDONIA TEMPLE/BRIGHAM APARTMENTS LLC, BRETT J. FITZPATRICK, DAVID A. HUCK, LORETTA FITZPATRICK, AS EXECUTRIX OF THE ESTATE OF J. MICHAEL FITZPATRICK, DECEASED, GERALD E. KELLY, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 3.)

610

Decided: November 15, 2024

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, GREENWOOD, AND HANNAH, JJ.

PHILLIPS LYTLE LLP, BUFFALO (PRESTON L. ZARLOCK OF COUNSEL), AND HOLLAND & KNIGHT LLP, NEW YORK CITY, FOR PLAINTIFF-APPELLANT. KAVINOKY COOK LLP, BUFFALO (SCOTT C. BECKER OF COUNSEL), FOR DEFENDANT-RESPONDENT FREDONIA TEMPLE/BRIGHAM APARTMENTS LLC. DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO (MATTHEW J. BECK OF COUNSEL), FOR DEFENDANT-RESPONDENT BRETT J. FITZPATRICK. WOODS OVIATT GILMAN LLP, BUFFALO (BRIAN D. GWITT OF COUNSEL), FOR DEFENDANT-RESPONDENT DAVID A. HUCK. BENGART & DEMARCO, LLP, TONAWANDA, LAW OFFICE OF PHILIP MILCH, AMHERST (PHILIP A. MILCH OF COUNSEL), FOR DEFENDANT-RESPONDENT LORETTA FITZPATRICK, AS EXECUTRIX OF THE ESTATE OF J. MICHAEL FITZPATRICK, DECEASED.