Culver & Theisen, Inc. v. Starr Realty Co. (NE), LLC

*622In an action, inter alia, to rescind a lease, the plaintiff appeals (1) from an order of the Supreme Court, Queens County (Dye, J.), dated December 15, 2003, which granted that branch of the defendant’s motion which was for summary judgment dismissing the plaintiffs 10th cause of action to recover damages for wrongful eviction, and (2), as limited by its brief, from so much of a judgment of the same court entered January 27, 2004, as, upon the order, dismissed the 10th cause of action. The notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501…