*885Same memorandum as in Mascia v Olivia ([appeal No. 1] 299 AD2d 883). Present — Pigott, Jr., P.J., Pine, Wisner, Scudder and Kehoe, JJ.

Appeal from a judgment of Supreme Court, Erie County (Mintz, J.), entered January 9, 2001, which dismissed the complaint against defendants Zeiss Optical, Inc. and Opto-Systems, Inc. upon a verdict of no cause of action.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.