Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered August 10, 2006. The order, insofar as appealed from, denied in part defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, PJ., Gorski, Centra, Green and Pine, JJ.