BGP CORPORATION v. CHEMICAL BANK

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that enforcement of the proposed sublease termination agreement was barred by the Statute of Frauds as the contract was never executed by the defendant (see, General Obligations Law § 5-703). The signed facsimile transmittal sheet requesting tax information from the plaintiff, while related to the unexecuted agreement, did not evidence assent to its terms and did not establish the existence of a contractual relationship (see, Fox Co. v. Kaufman Org., 74 N.Y.2d 136, 142-143; Crabtree v. Arden Sales Corp., 305 N.Y. 48, 55-56). Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.