GAYLOR PETROLEUM SALES CORP. v. GULF OIL CORP

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.