Opinion
July 29, 1996
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the order is reversed insofar as appealed from by the defendants, those branches of the defendants' motion which were to dismiss the first, fourth, fifth, and sixth causes of action are granted and those causes of action are dismissed; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that the defendants are awarded one bill of costs.
The court erred in declining to dismiss the first, fourth, fifth, and sixth causes of action inasmuch as there were material terms of the contract left open for future agreement (see, Martin Delicatessen v. Schumacher, 52 N.Y.2d 105). Thompson, J.P., Copertino, Krausman and Florio, JJ., concur.