K-Bay Plaza, LLC v. Kmart Corp.

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…