Legal Opinion
Martin v. Schumacher
Appellate Division of the Supreme Court of the State of New York
Decided August 6, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
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 of the premises. The appeals are from Special Term’s order granting the landlord’s motion for summary judgment dismissing the complaint on the ground that the agreement was…
2Cases cited53 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Ansorge v. KaneNew York Court of Appeals · 1927
- Willmott v. GiarraputoNew York Court of Appeals · 1959
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Jones v. GianferanteNew York Court of Appeals · 1953
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3Cited by5 opinions
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Goldman v. Orange County ChapterAppellate Division of the Supreme Court of the State of New York · 1986
- DeSantis v. KesslerAppellate Division of the Supreme Court of the State of New York · 1981
- Antur Realty Corp. v. RiveraCivil Court of the City of New York · 1981
- Metropolitan Transportation Authority v. Cosmopolitan Aviation Corp.Appellate Division of the Supreme Court of the State of New York · 1984