Toys "R" Us-Delaware, Inc. v. 44-45 Broadway Realty Co.

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.

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.Y. Assoc., L.P. v Bodner, 14 AD3d 1, 5 [1st Dept 2004]). The lease provision requiring plaintiff tenant to pay taxes levied against its own signs affixed to defendant landlord’s building, but not with respect…