K-BAY PLAZA, LLC v. KMART CORPORATION

105751/2009.

2011 NY Slip Op 32601 (U)

K-BAY PLAZA, LLC, Plaintiff, v. KMART CORPORATION, Defendant.

Supreme Court, New York County.

October 7, 2011.


EMILY JANE GOODMAN, Judge.

In this lease rent dispute, plaintiff landlord, K-Bay Plaza, LLC (K-Bay), moves for an order granting it summary judgment against defendant tenant, Kmart Corporation (Kmart), or alternatively permitting K-Bay to amend its complaint to assert a lease reformation cause of action.

Background

Kmart and Prestige Bay Plaza Development Corp. (Prestige), the former landlord of the premises which, in November 1996, assigned its...

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