OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (98 AD2d 738). We note that defendants’ motion for summary judgment was itself predicated on the absence of a written contract as required by the Statute of Frauds (General Obligations Law, § 5-703, subd 2).