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TOYS "R" US-DELAWARE, INC. v. 44-45 BROADWAY REALTY CO., LLC

10786, 651403/12.

110 A.D.3d 521 (2013)

972 N.Y.S.2d 900

2013 NY Slip Op 6785

TOYS "R" US-DELAWARE, INC., Appellant, v. 44-45 BROADWAY REALTY CO., LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 17, 2013.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about January 2, 2013, which granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

Prior Case History: 38 Misc.3d 1204(A), 2013 NY Slip Op 50000(U).

The terms of the subject lease unambiguously contradict the allegations supporting plaintiff's claims, thereby warranting dismissal of the complaint pursuant to CPLR 3211 (a) (1) (see 150 Broadway N...

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