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ONE TEN W. FORTIETH ASSOC. v. ISABEL ARDEE, INC.

111424/11, 14008, 14007.

124 A.D.3d 500 (2015)

998 N.Y.S.2d 620

ONE TEN WEST FORTIETH ASSOCIATES, Respondent, v. ISABEL ARDEE, INC., et al., Appellants.

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

Decided January 22, 2015.

The parties' actions, which included tenant taking possession, landlord cashing the security deposit, and tenant making authorized renovations to the premises, all sufficiently evidenced the parties' intent to convey an interest in the real estate sufficient to constitute "delivery" (219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506, 511-512 [1979]). Given that the lease was valid, tenant was liable for the unpaid rent sought...

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