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, Frank, Valente and McNally, JJ.