Manhattan Theatre Club, Inc. v. Bohemian Benevolent & Literary Ass'n of the City of New York
Cases that cite this one
25 later published cases cite this decision.
- City of Yonkers v. Otis Elevator Co. (District Court, S.D. New York 1986)
- O'Toole v. Heinemann (United States Bankruptcy Court, S.D. New York 2025)
- Comolli v. Huntington Learning Centers, Inc. (District Court, S.D. New York 2016)
- Priestley v. Panmedix Inc. (District Court, S.D. New York 2014)
- Wallach ex rel. Bankruptcy for Northstar Development Corp. v. Buchheit (In re Northstar Development Corp.) (United States Bankruptcy Court, W.D. New York 2012)
- Bank of Communications v. Ocean Development American, Inc. (District Court, S.D. New York 2012)
- Felipe v. 2820 West 36th Street Realty Corp. (Appellate Division of the Supreme Court of New York 2005)
- Sharp International Corp. v. State Street Bank & Trust Co. (In re Sharp International Corp.) (District Court, E.D. New York 2003)
- Sharp International Corp. v. State Street Bank & Trust Co. (In re Sharp International Corp.) (United States Bankruptcy Court, E.D. New York 2002)
- Gutowski v. Louie (New York Supreme Court 2002)
- Hassett v. Goetzmann (District Court, N.D. New York 1998)
- Nisselson v. Drew Industries, Inc. (In re White Metal Rolling & Stamping Corp.) (United States Bankruptcy Court, S.D. New York 1998)
- Pashaian v. Eccelston Properties, Ltd. (2d Cir. 1996)
- Hbe Leasing Corporation v. Frank (2d Cir. 1995)
- Gregware v. Key Bank (Appellate Division of the Supreme Court of New York 1995)
- HBE Leasing Corp. v. Frank (2d Cir. 1995)
- Petersen v. Vallenzano (District Court, S.D. New York 1994)
- Continental Bank N.A. v. Modansky (District Court, S.D. New York 1993)
- Daley v. Related Companies (Appellate Division of the Supreme Court of New York 1993)
- United States v. Red Stripe, Inc. (District Court, E.D. New York 1992)
- Senzamici v. Young (Appellate Division of the Supreme Court of New York 1991)
- Greenwood Packing Corp. v. Associated Telephone Design, Inc. (Appellate Division of the Supreme Court of New York 1988)
- ACLI Government Securities, Inc. v. Rhoades (District Court, S.D. New York 1987)
- Atlanta Shipping Corp., Inc. v. Chemical Bank (District Court, S.D. New York 1986)
- Jaspan v. Certified Industries, Inc. (District Court, E.D. New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Both parties are not-for-profit corporations.
In May 1979, plaintiff, a lessee of premises owned by defendant, evidenced a desire to renew its lease. Preliminary negotiations evolved into discussions for a proposed sale of the property to plaintiff, which were followed by more extensive negotiations between representatives of the respective parties and their attorneys in efforts to formulate the specific provisions for a contract of sale. Two years later, on June 13,1981, a final draft of the proposed contract of sale was handed to defendant’s president, Henry Yochman, just prior to his attendance at a special meeting of the membership where he was to preside. The contract had been signed by plaintiff’s representative the previous day in Yochman’s absence. Defendant’s attorney asked Yochman to sign on behalf of defendant prior to entering the meeting, assuring him that the contract, though signed, would not be delivered until they had reviewed it further. Yochman then signed. Plaintiff’s attorney was contemporaneously notified by his counterpart of the execution of the contract, but with the caveat that there was “trouble” with approval of the sale and “bad news” for the prospect of an ultimate consummation of the contract.
This contract was never returned to plaintiff’s attorney after the meeting of the membership where strenuous objection to the sale was voiced by a number of those present. Attempts by the parties to reconcile persisting problems were of no avail. On August 6,1981, defendant’s counsel sent a letter stating that no binding agreement had been reached and thereafter returned the deposit which had accompanied the final draft.
Dismissal of the complaint in the ensuing action for specific performance was proper since the circumstances presented here *1071 fail to demonstrate the requisite objective manifestation of intent of the parties to enter into a contract (see, Brown Bros. Elec. Contrs. v Beam Constr. Corp., 41 NY2d 397, 399-400; Arnold v Gramercy Co., 15 AD2d 762, affd 12 NY2d 687).
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Kane * concur; Judge Alexander taking no part.
Order affirmed, with costs, in a memorandum.
Designated pursuant to NY Constitution, article VI, § 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.