MASHOMACK FISH GAME v. ESTATE OF HENRY

Ordered that the order and judgment is affirmed, with costs.

A contract for the sale of real property is subject to General Obligations Law § 5-703 (2). A contract which has not been subscribed by the party to be charged or by an agent authorized in writing can only be ratified by a writing signed by that party (see, Simmons v. Westwood Apts. Co., 46 Misc.2d 1093, affd 26 A.D.2d 764, lv denied 18 N.Y.2d 580, and 18 N.Y.2d 786; Lancaster at Fresh Meadow v. Suderov, 6 Misc.2d 12, affd 5 A.D.2d 1015). No such writing was signed by the defendants in the instant case.

We have reviewed the plaintiffs' other contentions and find them without merit. Weinstein, J.P., Spatt, Sullivan and Harwood, JJ., concur.