Order affirmed insofar as appealed from, without costs. The complaint was properly dismissed.
Even assuming that the letter of May 30, 1973 may be deemed to have revived plaintiffs' option of first refusal, such option agreement is violative of the Statute of Frauds (General Obligations Law, § 5-703) and plaintiffs have not shown such part performance as would allow the courts to exercise their equitable powers. The cross complaint was not subject to automatic...
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