FIVE MILE CAPITAL SPE B LLC v. FILLMORE WEST JPM FINANCE SUBSIDIARY

651463/13, 356A, 356, 355.

137 A.D.3d 425 (2016)

27 N.Y.S.3d 113

2016 NY Slip Op 01439

FIVE MILE CAPITAL SPE B LLC, Appellant, v. FILLMORE WEST JPM FINANCE SUBSIDIARY et al., Respondents.

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

Decided March 1, 2016.


The court properly dismissed the complaint in its entirety. The special servicer, defendant GSREA, acted within its authority and discretion, and did not breach its obligations under the pooling and servicing agreement to act in accordance with the accepted servicing standards by executing a series of transactions in which the value of the syndicated loan was written down so that its outstanding balance matched the appraised value of the collateral, and defendant FWF PHOV...

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