The purported five-year lease between plaintiff and Era Realty Co. was void under General Obligations Law § 5-703 (2) in the absence of a memorandum subscribed by Era Realty. The lease was also unenforceable because there was no delivery of a fully executed lease to plaintiff as required by a provision of the lease, and by "well-established rule in this State" (219 Broadway Corp. v. Alexander's Inc., 46 N.Y.2d 506, 511). Since plaintiff failed to establish the existence of a valid contract, he could not establish tortious interference with a contract ( see, Israel v. Wood Dolson Co., 1 N.Y.2d 116, 120; 72 N.Y. Jur 2d, Interference, §§ 6-8). Plaintiff has waived his right to appeal from that portion of the December 4, 1996 order which dismissed his cause of action for infliction of emotional distress since his limited notice of appeal does not include such portion of the order ( Nassau County v. Incorporated Vil. of Roslyn, 218 A.D.2d 688, 690; Central Buffalo Project Corp. v. Edison Bros. Stores, 205 A.D.2d 295, 298). Were we to consider the issue, we would affirm the dismissal of that cause of action ( see, Nader v General Motors Corp., 25 N.Y.2d 560, 569).
Concur — Murphy, P.J., Milonas, Tom, Andrias and Colabella, JJ.