Legal Opinion
Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher
New York Court of Appeals
Decided January 20, 1981PublishedCited by 397 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
*108Fuchsberg, 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.
Thqqrertinent factual and procedural contexts in which thef"case reaches this court are uncomplicated. In 1973, the appellant, as landlord, leased a retail store to the respondent for a five-year term at a rent graduated upwards from $500 per month for the first year to $650 for the fifth. The renewal clause stated…
2Cases cited9 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Willmott v. GiarraputoNew York Court of Appeals · 1959
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- May Metropolitan Corp. v. May Oil Burner Corp.New York Court of Appeals · 1943
- Lutterloh v. PattersonSupreme Court of Arkansas · 1947
4 more not listed; retrieve them via the Exa API.
3Cited by397 opinions
- Robert J. Rule v. Brine, Inc., Also Known as W.H. Brine Company, and William H. Brine, Jr.Court of Appeals for the Second Circuit · 1996
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
- Texaco, Inc. v. Pennzoil, Co., Texas Court of Appeals, 1st District (Houston)1987
- Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
- Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
392 more not listed; retrieve them via the Exa API.