Opinion
December 8, 1986
Appeal from the Supreme Court, Orange County (Stolarik, J.).
Ordered that the appeal from the order dated April 18, 1985, is dismissed, as that order was superseded by the order granting renewal and reargument; and it is further,
Ordered that the order dated July 10, 1985, is affirmed insofar as reviewed; and it is further,
Ordered that the intervenors-respondents are awarded one bill of costs payable by the plaintiffs.
The plaintiffs' tender of a deposit and the procuring of a mortgage commitment and a title insurance search do not constitute such "part performance" as to overcome the requirements of the Statute of Frauds (see, General Obligations Law § 5-703). These actions are not "unequivocally referable" to a contract, but rather can be explained as preliminary steps which contemplate the future formulation of an agreement (see, Gracie Sq. Realty Corp. v. Choice Realty Corp., 305 N.Y. 271; Cooper v. Schube, 86 A.D.2d 62, affd 57 N.Y.2d 1016; S.S.I. Investors v. Korea Tungsten Min. Co., 80 A.D.2d 155, affd 55 N.Y.2d 934). Mollen, P.J., Bracken, Brown and Sullivan, JJ., concur.