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K-BAY PLAZA, LLC v. KMART CORP.

13757, 105751/09.

2014 NY Slip Op 09028

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

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

Decided December 30, 2014.

Attorney(s) appearing for the Case

Reed Smith, LLP, New York ( Gil Feder of counsel), for appellant-respondent.

Putney, Twombly, Hall & Hirson LLP, New York ( Philip H. Kalban of counsel), for respondent-appellant.

Before: Gonzalez, P.J., Tom, Friedman, Acosta, Moskowitz, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered February 5, 2014, which, to the extent appealed from, denied so much of defendant's motion for summary judgment as sought dismissal of the causes of action for breach of contract, account stated, declaratory relief and attorneys' fees, declined to search the record and grant plaintiff summary judgment on those claims, and denied plaintiff's motion to amend to assert a cause of action for fraud, unanimously...

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