MARTIN DELICATESSEN v. SCHUMACHER


70 A.D.2d 1 (1979)

Joseph Martin, Jr., Delicatessen, Inc., Appellant, v. Henry D. Schumacher, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1979


Attorney(s) appearing for the Case

Flower & Plotka (Edward Flower of counsel), for appellant.

George W. Lipp, Jr., and David S. J. Rubin for respondent.

O'CONNOR and GULOTTA, JJ., concur with LAZER, J.; SUOZZI, J. P., concurs in the result, with an opinion.


LAZER, J.

The issue on this appeal is whether an option to renew a lease at "rentals to be agreed upon" — classical language of an "agreement to agree" — is enforceable in this State. Frustrated in its effort to effect a renewal under the mentioned clause, the tenant instituted an action to compel its performance and the landlord reacted with a holdover proceeding in the District Court to regain possession...

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