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EXTAZA OF 34TH ST. v. CITY STORES CO., INC.

97 A.D.2d 391 (1983)

Extaza of 34th Street, Respondent, v. City Stores Co., Inc., Appellant

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

October 27, 1983

We find the lease clause described in the dissent to be void under section 5-321 of the General Obligations Law. A substantially similar clause was struck down in Graphic Arts Supply v Raynor (91 A.D.2d 827) for the same lack of mutuality that we find here. The language there (p 828) is likewise applicable here: "Nothing in the agreement before us suggests any bilateral participation. If the instant agreement were held valid, landlords...

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