K-Bay Plaza, LLC v Kmart Corp. (2014 NY Slip Op 09028)

K-Bay Plaza, LLC v Kmart Corp.

2014 NY Slip Op 09028

Decided on December 30, 2014

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2014
Gonzalez, P.J., Tom, Friedman, Acosta, Moskowitz, JJ.

13757 105751/09

[*1] K-Bay Plaza, LLC, Plaintiff-Respondent-Appellant,

v

Kmart Corporation, Defendant-Appellant-Respondent.

[Decision previously reported at this citation has been recalled and vacated at the direction of the Appellate Division, First Department, January 5, 2015.]