Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J), entered January 14, 2013. The order granted defendant’s motion for summary judgment, denied plaintiffs cross motion for summary judgment and dismissed the complaint. It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Present — Smith, J.P, Fahey, Peradotto and Sconiers, JJ.