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  5. 53 N.Y.2d 847 (1981)
 

JONESTOWN PLACE CORP. v. 153 W. 33RD ST. CORP.

53 N.Y.2d 847 (1981)

Jonestown Place Corp., Appellant, v. 153 West 33rd Street Corp. et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 5, 1981.

Attorney(s) appearing for the Case

John M. Burns, III, for appellant. Neil S. Goldstein and Donald S. Hillman for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is axiomatic that an oral agreement for the sale of real property is unenforceable under the Statute of Frauds (General Obligations Law, § 5-703, subd 2). Part performance will render the contract enforceable only where such performance is "unequivocally referable" to the alleged agreement of sale (e.g., Burns v McCormick

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