Appellate Division of the Supreme Court of the State of New York November 13, 2012 (46th Street Development, LLC v. Marsh USA, Inc.)

Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about August 25, 2011, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, deemed an appeal from the judgment, same court and Justice, entered October 18, 2011, dismissing the complaint (CFLR 5501 [c]), and, so considered, the judgment unanimously affirmed, with