Appeal from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered January 4, 2007. The order denied plaintiffs motion for summary judgment. It is hereby ordered that the order so ap*1361pealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Peradotto, JJ.