Martin v. Schumacher

Suozzi, J. P.

(concurring). I agree with so much of the majority’s holding that a renewal clause of a lease containing "an unadorned agreement to agree on a future rental” should not, as older authorities held (Forma v Moran, 273 App Div 818; Huber v Ruby, 188 Misc 1001, affd 272 App Div 779; Sammis v Town of Huntington, 104 Misc 7, affd 186 App Div 463), be considered unenforceable for uncertainty as a matter *11of law. Accordingly, I join with the majority in reversing the orders appealed from which, inter alia, granted the defendant landlord’s motion for summary judgment dismissing the…