Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered December 9, 2011. The order, insofar as appealed from, denied the motion of plaintiff for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.