—Order, Supreme Court, New York County (Lewis Friedman, J.), entered February 19, 1998, which, inter alia, granted defendants’ motion to dismiss plaintiffs complaint for failure to state a cause of action, unanimously affirmed, with costs.
The complaint, seeking damages for breach of an alleged agreement to assign a mortgage to plaintiff Continental Capital Corporation, was properly dismissed because there was no enforceable agreement to that effect between the parties. Indeed, in a preliminary letter agreement, the parties explicitly stated their intention not to be bound to any “understanding or agreement” until the terms were reduced to a writing signed by all of the parties. No such signed writing was ever executed and there was, accordingly, no binding contract requiring the mortgage assignment (see, Scheck v Francis,