MARTIN DELI v. SCHUMACHER


52 N.Y.2d 105 (1981)

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

Court of Appeals of the State of New York.

Decided January 20, 1981.


Attorney(s) appearing for the Case

Edward Flower for appellant-respondent.

David S. J. Rubin for respondent-appellant.

Chief Judge COOKE and Judges GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge MEYER concurs in a memorandum; Judge JASEN dissents in part and on defendant's appeal votes to affirm in a memorandum.


FUCHSBERG, J.

This case raises an issue fundamental to the law of contracts. It calls upon us to review a decision of the Appellate Division, which held that a realty lease's provision that the rent for a renewal period was "to be agreed upon" may be enforceable.

The pertinent factual and procedural contexts in which the case reaches this court are uncomplicated. In 1973, the appellant, as landlord, leased...

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