Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, inter alia, for the entry of a judgment, among other things, declaring that the parties did not enter into a valid 10-year lease.
The defendants established their entitlement to summary judgment declaring that the parties did not enter into a valid 10-year lease based, inter alia, upon the statute of frauds (see General Obligations Law § 5-703). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs rely on the equitable doctrine of part performance (see General Obligations Law § 5-703 [4]), which required conduct by them which was “unequivocally referable” to the purported 10-year lease (Burns v McCormick, 233 NY 230, 234 [1922]). “Unequivocally referable” conduct is conduct which is “inconsistent with any other explanation” (Richardson & Lucas, Inc. v New York Athletic Club of City of N.Y., 304 AD2d 462, 463 [2003]). There is no evidence in the record of conduct by the plaintiffs which is unequivocally referable to a purported 10-year lease and inconsistent with any other explanation (see Lebowitz v Mingus, 100 AD2d 816, 817 [1984]).
The plaintiffs’ remaining contentions are without merit (see American Bartenders School v 105 Madison Co., 59 NY2d 716, 718 [1983]; Foster v Kovner, 44 AD3d 23 [2007]; NGR, LLC v General Elec. Co., 24 AD3d 425 [2005]; Dunn v B&H Assoc., 295 AD2d 396, 397 [2002]; Melwani v Jain, 281 AD2d 276, 277 [2001]).
Since this is, in part, a declaratory judgment action, we remit the matter to the Supreme Court, Kings County, inter alia, for