Biltmore Bought.

"I'm the owner," a smiling developer Joseph Moinian revealed last week. "We settled out of court, and within 48 hours we closed."

What he referred to was the completion of his purchase from the Nederlander Organization of the old Biltmore Theater at 47th Street and Eighth Avenue - an interior Landmark - and several adjacent buildings that eventually are expected be torn down to erect a tower.

The pact settled a lawsuit over the original purchase agreement signed more than two years ago when the market wasn't quite as hot as it is now.

"We did a very, very fair deal," said Moinian, who did have to shell out more than under the original contract. For now, he's not saying how much - but sources agree it was "considerably higher" than the original contracted price, but not as much as the $50 million that was being asked when it was shopped most recently.

"It was done to the satisfaction of both parties. Right now, this is behind me and I'm working very, very diligently to build a building," Moinian said. He had previously hired historical consultants Li Saltzman Architects to develop restoration plans for the theater.

Nederlander reps declined to comment for the record. The company has retained its transferable development rights over the Brooks Atkinson Theater across the street, and with Moinian's extra cash in their pockets, apparently walked away jingling. Lois Weiss