MEMORANDUM. The order of the Appellate Division should be affirmed. Following an adjudication that he failed to prove performance of an express contract both valid and enforceable, a party may not disregard such contract and recover in a separate cause of action for quantum meruit ( Foster v. White Sons, 244 App. Div. 368, affd. 270 N.Y. 572; see, also, 50 N.Y. Jur., Restitution, § 105).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.
Order affirmed, with costs, in a memorandum.