Judgment affirmed, with costs.
Special Term properly concluded that the "Deposit Agreement", or binder, relied upon by plaintiff, did not satisfy the Statute of Frauds because it was incomplete and essential terms were left open for further negotiation. The evidence at the trial indicated that (1) the instrument did not provide the details of payment or the proposed terms of a purchase-money mortgage, (2) the agreement was silent as to whether portions of the premises...
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