¶ Order affirmed insofar as appealed from, with costs.
¶ A triable issue of fact exists as to whether the undisputed payment of $11,000 by plaintiff to defendant Waterman was a sufficient partial performance unequivocally referable to the alleged oral agreement to remove the agreement from the Statute of Frauds (Uniform Commercial Code, § 8-319, subd [b]; see Burns v McCormick, 233 N.Y. 230; Gross v Vogel,
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