Appeal and cross appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered October 27, 2006. The order granted in part defendant’s motion for summary judgment and dismissed the second and third causes of action.

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