¶1— Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 22, 2012. The order, inter alia, granted the motion of defendant BuWayna *1411Daniels for summary judgment dismissing the complaint and cross claims against her.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
¶3Same memorandum as in Daniels v Rumsey ([appeal No. 2] 111 AD3d 1408 [2013]). Present — Scudder, EJ., Fahey, Peradotto, Lindley and Valentino, JJ.