Opinion
388
March 15, 2002.
Appeal from an order of Supreme Court, Monroe County (Galloway, J.), entered May 9, 2001, which denied defendant's motion for summary judgment.
Hiscock, Barclay, Saperston Day, Rochester (Valerie L. Barbic of counsel), for defendant-appellant.
Alfred J. Heilman, Rochester, for plaintiff-respondent.
PRESENT: GREEN, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.