OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not err as a matter of law in dismissing the complaint (see Innophos, Inc. v Rhodia, S.A., 10 NY3d 25, 30 [2008]). Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera.