Spezio v. LaSalle Sportsmen's Club, Inc.

Order unanimously affirmed without costs. Memorandum: The record reveals that on October 5, 1989, defendant’s membership voted unanimously to approve a formal contract submitted by plaintiff for the sale of a portion of defendant’s real property in the Town of Niagara. Plaintiff is not entitled to specific performance of that con*1024tract, however, because it was never subscribed by defendant (see, General Obligations Law § 5-703 [2]; Elghanayan v Forest Hills No. 2 Co., 123 AD2d 417). Although a written "proposal” was subscribed by defendant before submission of the contract of sale, that…