¶1Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 1, 2009 in a personal injury action. The order granted defendant’s motion for summary judgment and dismissed the complaint.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Martoche, J.P., Fahey, Carni, Sconiers and Green, JJ.