An opera house and theater conceived by impresario Edward Fry, the brother of composer William Henry Fry, who managed the opera house during its entire history. The theatre was built with the intention of attracting only the "best" patrons, the "uppertens" of New York society, who were increasingly turning out to see European singers who appeared at local venues such as Niblo's Garden.
In pursuit of this agenda, the theatre was created with the comfort of the upper classes in mind: benches, the normal seating in theatres at the time, were replaced by upholstered seats, available only by subscription, as were the two tiers of boxes. On the other hand, 500 general admission patrons were relegated to the benches of a "cockloft" reachable only by a narrow stairway, and otherwise isolated from the gentry below, and the theatre enforced a dress code which required "freshly shaven faces, evening dress, and kid gloves."