Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered December 17, 2015. The order denied the motion of plaintiff for summary judgment and dismissed the summons with notice. It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.
Present — Centra, J.P., Peradotto, DeJoseph, Curran and Scudder, JJ.