The prior action was brought by landlord against tenant and sought use and occupancy, ejectment, damages for fraud, rescission of the lease based on fraud and a declaration that tenant's "sweetheart lease" was void or voidable. Subsequent to landlord's voluntary withdrawal of its causes of action for use and occupancy and ejectment, the remainder of the prior action was dismissed on tenant's motion for summary judgment. Tenant then brought the instant action to recover his...
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