PATRICK LORETO IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER LLC AND RICCARDO DURSI IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER LLC PLAINTIFFS APPELLANTS RESPONDENTS v. APPEAL NO

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

PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, AND RICCARDO DURSI, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFFS–APPELLANTS–RESPONDENTS, v. WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS–THROUGH CERTIFICATES, SERIES 2007–C5, TIMOTHY FOSTER, AS RECEIVER, DEFENDANTS–RESPONDENTS, KENNETH P. RAY, JR., EXECUTOR OF THE ESTATE OF KENNETH P. RAY, DECEASED , DEFENDANT–RESPONDENT -APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 4.)

CA 17–01766

Decided: November 09, 2018

PRESENT:  WHALEN, P.J., SMITH, CENTRA, NEMOYER, AND CURRAN, JJ. JOSEPH A. TADDEO, JR., ROCHESTER, FOR PLAINTIFF–APPELLANT–RESPONDENT PATRICK LORETO, IN THE RIGHT OF AND ON BEHALF OF ENCORE PROPERTIES OF ROCHESTER, LLC.

ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Mark W. Bennett

Clerk of the Court