In Matter of Exp.Indus. and Terminal Corp., 93 N.Y.2d 584, 591, 693 N.Y.S.2d 857, 715 N.E.2d 1050 (1999)..... Likewise, in Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher, the court struck a renewal clause in a lease providing for future agreement on rent as overly vague.
Holding that parties "may provide that the computation of a commission will include certain downward adjustments from gross sales, billings or receivables . . . commission will not be deemed 'earned' or vested until computation of the agreed-upon formula"
Holding plaintiff not entitled to receive remaining quarterly awards where agreement "explicitly predicated the continuation of bonus payments upon the recipient's continued employment status" and plaintiff resigned after receiving first payment
Holding that a cover letter "written for the sole purpose of forwarding the documents to the parties for signature" from which it was "impossible to infer . . . an intent . . . to bring a contract into being" is insufficient to satisfy the Statute of Frauds