| Loreto v Wells Fargo Bank, N.A. |
| 2018 NY Slip Op 07616 [166 AD3d 1537] |
| November 9, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Patrick Loreto, in the Right of and on Behalf of Encore
Properties of Rochester, LLC, et al., Appellants, 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, et al., Respondents, et al., Defendants. (Appeal No. 2.) |
Joseph A. Taddeo, Jr., Rochester, for plaintiff-appellant Patrick Loreto, in the Right of and on Behalf of Encore Properties of Rochester, LLC.
Felt Evans, LLP, Clinton (Jay G. Williams, III, of counsel), for defendant-respondent Kenneth P. Ray, Jr., as Executor of the Estate of Kenneth P. Ray, Deceased.
Bond, Schoeneck & King, PLLC, Rochester (Gregory J. McDonald of counsel), for defendant-respondent Timothy Foster, as Receiver.
Riker Danzig Scherer Hyland & Perretti LLP, Morristown, New Jersey (Michael R. O'Donnell of counsel), for defendant-respondent 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.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered April 11, 2017. The order denied the motion of plaintiff Patrick Loreto, in the right of and on behalf of Encore Properties of Rochester, LLC, for leave to renew his motion for a default judgment against defendant Encore Property Management of Western New York, LLC.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2017 NY Slip Op 52020[U]). Present—Whalen, P.J., Smith, Centra, NeMoyer and Curran, JJ.