Opinion
February 4, 1985
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Appeal from the order dismissed ( see, Matter of Aho, 39 N.Y.2d 241, 248).
Judgment affirmed, and it is directed that the notice of pendency be canceled.
Defendants are awarded one bill of costs.
It is undisputed that the proposed contract of sale was never signed by the parties and the record does not demonstrate part performance "'unequivocally referrable'" to the alleged agreement ( Jonestown Place Corp. v 153 W. 33rd St. Corp., 53 N.Y.2d 847, 849). The issues of fact which plaintiffs claim exist are irrelevant to the ultimate undisputed fact of the absence of a memorandum signed by the defendants designating the parties, identifying the subject matter, and stating the terms of a complete agreement ( see, e.g., Sheehan v Culotta, 99 A.D.2d 544). Accordingly, Special Term did not err in granting summary judgment based on the Statute of Frauds (General Obligations Law § 5-703). We have examined plaintiffs' remaining contentions and find them to be without merit. In light of our determination, the notice of pendency filed by plaintiffs is hereby ordered canceled ( see, CPLR 6514 [a]). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.