The IAS Court properly granted summary judgment. The signed and witnessed agreement clearly establishes the intent of the parties to share joint ownership of the proceeds (see, Slatt v. Slatt, 64 N.Y.2d 966) and is supported by consideration, i.e., the forebearance and mutual promises made by the parties to surrender their respective rights to claim the entire prize as their own due to the lottery's "sole claimant" rule and their agreement to share equally the related tax liabilities (see, Weiner v McGraw-Hill, Inc., 57 N.Y.2d 458, 464). Further, defendant's conduct, by voluntarily adhering to the terms of the agreement for four years (in each of which lottery payments were made) and accepting the benefits of plaintiff's performance ratified the agreement and prevents him from now attacking its validity (see, Stacom v. Wunsch, 162 A.D.2d 170, 171, lv dismissed 77 N.Y.2d 873).
Concur — Milonas, J.P., Rosenberger, Kupferman and Ross, JJ.