Board of Mgrs. of the A Bldg. Condominium v. 13th & 14th St. Realty, LLC

Orders, Supreme Court, New York County (Barbara Jaffe, J.), entered September 3, 2013 and October 25, 2013, which to the extent appealed from, granted summary judgment to defendant American Hydrotech dismissing the complaint against it, unanimously affirmed, without costs.

Even if Hydrotech’s motion to dismiss should not have been converted to a motion for summary judgment, dismissal of the complaint was warranted pursuant to CPLR 3211 (a) (1), based on Hydrotech’s unambiguous Watertightness Warranty (see Four Seasons Hotels v Vinnik, 127 AD2d 310, 318 [1st Dept 1987]; see also 401 W. 14th St.…