Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered August 23, 2005 in a breach of contract action. The order granted defendant’s motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.E, Martoche, Green, Pine and Hayes, JJ.