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219 BROADWAY CORP. v. ALEXANDER'S, INC.

61 A.D.2d 917 (1978)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

March 14, 1978

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 "lease" is ineffective (Geraci v Jenrette, 53 A.D.2d 538, affd on other grounds

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