Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered July 17, 2006. The judgment, upon an order granting that part of defendant’s motion for summary judgment dismissing the complaint, dismissed the complaint and awarded costs and disbursements to defendant.

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