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

13757. K-BAY PLAZA, LLC, Plaintiff-res- ap, v. KMART CORPORATION, Defendant-Appellant-res — Reed Smith, LLP, New York (Gil Feder of counsel), for appellant-res — Putney, Twombly, Hall & Hirson LLP, New York (Philip H. Kalban of counsel), for res-res — 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 attorney's 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 modified, on the law, to the extent of granting defendant's motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

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13757. K-BAY PLAZA, LLC, Plaintiff-res- ap, v. KMART CORPORATION, Defendant-Appellant-res — Reed Smith, LLP, New York (Gil Feder of counsel), for appellant-res — Putney, Twombly, Hall & Hirson LLP, New York (Philip H. Kalban of counsel), for res-res — 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 attorney’s 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 modified, on the law, to the extent of granting defendant’s motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

Under a lease dated as of November 18, 1993, the predecessor-in-interest of plaintiff K-Bay Plaza, LLC (Landlord) agreed to lease space in the Bay Plaza shopping center in the Bronx to defendant Kmart Corporation (Tenant) for an initial term of 25 years, followed by renewal periods totaling approximately another 24 years. The parties subsequently agreed that the term of the lease would commence on November 14, 1994.

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

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