Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered November 3, 2006 in a breach of contract action. The order denied plaintiffs motion for summary judgment.

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