Metropolitan Suburban Bus Authority v. County of Nassau

Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered October 16, 2013, dismissing the complaint and awarding costs to defendant, unanimously affirmed, without costs. Appeal from underlying order, same court and Justice, entered September 3, 2013, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

When read in the context of the entire agreement, the plain, unambiguous meaning of the disputed language in section 13 (ii) of the parties’ lease and…