Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the subject draft agreement was unenforceable under the statute of frauds (see General Obligations Law § 5-703 [2]). Contrary to the plaintiffs' contention, there is nothing in the record to indicate that the defendant, through words or conduct, ratified the draft agreement. The retention of the plaintiffs' down payment for approximately...
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