¶1— Appeal from an order and judgment of the Supreme Court at Special Term (Cholakis, J.), entered December 10, 1985 in Albany County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.
¶2Order and judgment affirmed, without costs, upon the opin*419ion of Justice Con. G. Cholakis at Special Term. Mahoney, P. J., Kane, Casey, Mikoll and Levine, JJ., concur.