219 Broadway Corp. v. Alexander's, Inc.

Order of the Supreme Court, New York County, entered August 15, 1977, to the extent it denied appellant’s motion to dismiss the complaint, unanimously reversed, on the law, with costs and disbursements, the motion granted and the complaint dismissed. Appeal from that portion of the order awarding respondent priority in examination before trial is dismissed as moot, without costs or disbursements. The gravamen of the complaint is that appellant (landlord) refused to deliver to respondent (tenant) the 10-year lease for the parking lot allegedly executed by appellant. Absent delivery, the…