Appeal from an order of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), entered July 8, 2004. The order, insofar as appealed from, denied plaintiffs motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Lawton, JJ.