Appeal from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered February 3, 2006 in a wrongful death and personal injury action. The order granted 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 for the reasons stated in decision at Supreme Court. Eresent— Hurlbutt, J.E, Gorski, Fahey, Eeradotto and Green, JJ.