Herbert L. Hutner v. David J. Greene, David J. Greene and Company, Jerome L. Greene, and Alan I. Greene, as of the Estate of David J. Greene, Deceased

WINTER, Circuit Judge:

Plaintiff Herbert L. Hutner appeals from Judge Carter’s grant of summary judgment for the defendants and dismissal of his complaint on the ground that the contract he seeks to enforce lacks a material term under New York law.

We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

BACKGROUND

Since the district court granted defendants' motion for summary judgment, we state the facts in the light most favorable to Hutner.

This litigation arose out of the settlement of an earlier dispute concerning the future of C.I. Realty Investors…