FRANCESCONI v. NUTTER

Ordered that the appeal from the order dated April 18, 1985, is dismissed, as that order was superseded by the order granting renewal and reargument; and it is further,

Ordered that the order dated July 10, 1985, is affirmed insofar as reviewed; and it is further,

Ordered that the intervenors-respondents are awarded one bill of costs payable by the plaintiffs.

The plaintiffs' tender of a deposit and the procuring of a mortgage commitment and a title insurance search do not constitute such "part performance" as to overcome the requirements of the Statute of Frauds (see, General Obligations Law § 5-703). These actions are not "unequivocally referable" to a contract, but rather can be explained as preliminary steps which contemplate the future formulation of an agreement (see, Gracie Sq. Realty Corp. v. Choice Realty Corp., 305 N.Y. 271; Cooper v. Schube, 86 A.D.2d 62, affd 57 N.Y.2d 1016; S.S.I. Investors v. Korea Tungsten Min. Co., 80 A.D.2d 155, affd 55 N.Y.2d 934). Mollen, P.J., Bracken, Brown and Sullivan, JJ., concur.