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Judgment unanimously reversed and the order modified to the extent of granting summary judgment but with leave, however, to plaintiff to serve an amended complaint setting forth a cause of action in quantum meruit, if so advised and, as so modified, affirmed. (See Elsfelder v. Cournand, 270 App. Div. 162.) Settle order on notice. Concur •—Botein, J. P., Rabin, Prank, Valente and McNally, JJ.
Document Info
Citation Numbers: 3 A.D.2d 834
Filed Date: 4/30/1957
Precedential Status: Precedential
Modified Date: 1/12/2022