Opinion
April 10, 1989
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the judgment is affirmed, with costs.
The proof adduced by plaintiff established that the writing on which he premises this litigation (see, General Obligations Law § 5-703) was intended by the parties to be evidence only of the plaintiff's payment of a $2,000 deposit, which was subsequently returned to him, and that the parties anticipated further negotiations regarding the purchase of the property. The plaintiff thus failed to establish the existence of an enforceable contract in that the writing did not satisfy the Statute of Frauds (see, Willmott v. Giarraputo, 5 N.Y.2d 250, 254; Jaffer v. Miles, 134 A.D.2d 572; Sheehan v. Culotta, 99 A.D.2d 544).
We have examined the plaintiff's remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Brown and Harwood, JJ., concur.