IN THE SUPREME COURT OF THE STATE OF DELAWARE ALPHA TRUST REAL ESTATE § LLC, § No. 297, 2022 § Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § C.A. No: N19-11-271 CM COMMERCIAL REALTY, § INC. § § Plaintiff Below, § Appellee. § Submitted: February 8, 2023 Decided: February 14, 2023 Before VALIHURA, VAUGHN, and TRAYNOR, Justices.

ORDER This 14th day of February, 2023, after consideration of the parties’ briefs, and the record on appeal, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in its February 24, 2022 Amended Memorandum Opinion1 and August 5, 2022 Amended Final Order.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be AFFIRMED.

BY THE COURT: /s/ Gary F. Traynor Justice

CM Commercial Realty, Inc. v. Alpha Tr. Real Estate, LLC, 2022 WL 509693 (Del. Super. Ct. Feb. 24, 2022).