Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered December 29, 2005 in a wrongful death and personal injury action. The order granted plaintiffs motion for partial summary judgment on the issue of liability.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P, Martoche, Smith, Fahey and Green, JJ.