Opinion
October 15, 1990
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
To constitute a valid agreement for the lease of real property, the parties must have reached final agreement upon all its essential terms, without reservation of any term for future negotiations (see, Kalker v. Columbus Props., 111 A.D.2d 117). This is especially true of the amount to be paid for rent (see, Martin Delicatessen v. Schumacher, 52 N.Y.2d 105). The alleged agreement states that rent was to be "predicated upon a normal increase". We find that the rent figure is not ascertainable by an objective standard, and thus the proported lease fails for indefiniteness (see, Martin Delicatessen v. Schumacher, supra). Bracken, J.P., Kunzeman, Eiber and Harwood, JJ., concur.