In an action to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated November 30, 1976, as modified by a further order of the same court, dated December 13, 1976, which, inter alia, granted defendants-respondents’ motion for summary judgment. Order, as modified, affirmed, with $50 costs and disbursements. We hold that the determination of Special Term was properly made. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.