Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered June 29, 2005. The order, among other things, granted the cross motions of defendants for summary judgment dismissing the complaint.

*1032It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Same memorandum as in Ginther v Ginther (30 AD3d 1031 [2006]). Present—Scudder, J.E, Gorski, Martoche, Green and Hayes, JJ.