Manhattan Theatre Club, Inc. v. Bohemian Benevolent & Literary Ass'n

Judgment, Supreme Court, New York County (Seymour Schwartz, J.), after trial, entered September 30,1983, dismissing a complaint for specific performance of a contract to convey real property, is affirmed, without costs. U The facts are as stated in the dissenting opinion. However, we reject the notion that the concept of delivery should be confined to a contract involving a leasehold interest. As the Court of Appeals noted in 219 Broadway Corp. v Alexander’s, Inc. (46 NY2d 506, 511), the concept of delivery is not an archaic principle of property law, but rather is “fundamental to the…