¶1—Appeal and cross appeal from a judgment of Supreme Court, Steuben County (Furfure, J.), entered January 29, 2002, which awarded plaintiff Randall D. Dailey, Sr., money damages upon a jury verdict.
¶2It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
¶3Same memorandum as in Dailey v Keith (306 AD2d 815 [2003]). Present — Pigott, Jr., P.J., Green, Wisner, Burns and Lawton, JJ.