Commercial Landlord-Tenant—Conversion—Landlord Could Not Keep $96,000 Payment Since Lease Was Never "Signed and Delivered by Both Landlord and Tenant," as Required To Bind the Parties

A trial court had granted plaintiffs' motion for summary judgment on their conversion claim. The Appellate Division ("court") held that since the subject funds had been paid to the landlord "in contemplation of a lease that never became effective, summary judgment was properly granted…."