¶1Appeal from an order of the Supreme Court, Chautauqua County (John T. Ward, Jr., A.J.), entered May 9, 2006 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint.
¶2*1251It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, PJ., Gorski, Centra, Green and Pine, JJ.