Chock Full O'Nuts Corporation v. Tetley, Inc.

I respectfully dissent, at least to the extent that I believe the question- presented on appeal should be certified to the New York Court of Appeals for an authoritative decision applying New York law as contemplated by Second Circuit Local Rule § 0.27 and New York Court of Appeals Rule § 500.17.

The crucial phrase “elect to close the business” is not defined in the agreement. Tet-ley has advanced three possible interpretations of that phrase, and Chock has advanced a fourth. The majority rejects Chock’s interpretation and concludes that because Tetley would prevail under any one of its three…