—Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered November 6, 2008 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Fahey, Peradotto, Garni and Lindley, JJ.