M.B.S. Love Unlimited, Inc. v. Jaclyn Realty Associates

—In an action, inter alia, for a judgment declaring the plaintiffs obligation to pay taxes pursuant to a lease with the defendant, the plaintiff appeals from a judgment of the Supreme Court, Queens County (LeVine, J.), dated July 8, 1996, entered upon an order of the same court dated June 15, 1995, granting those branches of the defendant’s motion which were (a) to dismiss the plaintiffs cause of action to recover damages for fraud and (b) for summary judgment on its counterclaims, which is in favor of the defendant and against it. The defendant’s notice of appeal from the order dated June…