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MARDER'S NURSERIES v. HOPPING

171 A.D.2d 63 (1991)

Marder's Nurseries, Inc., Respondent, v. James B. Hopping, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 1991

Attorney(s) appearing for the Case

Esseks, Hefter & Angel (Stephen R. Angel and John M. Wagner of counsel), for appellant.

Lazer & Aptheker (David Lazer and Myra Rochelson of counsel), for respondent.

KOOPER, HARWOOD and BALLETTA, JJ., concur.

BRACKEN, J. P.

The Court of Appeals recently reasserted the rule that "[i]f an agreement is not reasonably certain in its material terms, there can be no legally enforceable contract" (Cobble Hill Nursing Home v Henry & Warren Corp., 74 N.Y.2d 475, 482, citing Martin Delicatessen v Schumacher, 52 N.Y.2d 105, 109; Restatement...

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