— Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered September 18, 2008 in an action for negligence and wrongful death. The order granted the motions of defendants to dismiss the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present — Scudder, P.J., Centra, Carni, Sconiers and Pine, JJ.