Angelina v. Euclid Concrete Corp.

Orders unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. As the pleadings stood on the motion for summary judgment, plaintiff was bound by the written contract and summary judgment on the causes of action based on the alleged oral contract was properly granted. We affirm, with leave to plaintiff to plead a cause of action for reformation or rescission. Present — Peck, P. J., Dore, Cohn, Van Voorhis and Breitel, JJ. [See 281 App. Div. 659.]