219 BROADWAY v. ALEXANDER'S


46 N.Y.2d 506 (1979)

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

Court of Appeals of the State of New York.

Decided February 22, 1979.


Attorney(s) appearing for the Case

Edwin Ostrow, Stanley Zwillinger and Mark I. Aronson for appellant.

Richard M. Goldstein and Ronald H. Alenstein for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge JASEN.


JASEN, J.

The specific issue raised on this appeal is whether a complaint which alleges a breach of a written lease, yet explicitly concedes that such lease was never delivered, states a cause of action.

Plaintiff, 219 Broadway Corp., alleges that its representatives and those of defendant, Alexander's, Inc., conducted extensive negotiations between August, 1974 and June, 1975 with the expectation that...

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