— Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered September 24, 2007. The order, insofar as appealed from, granted that part of the motion of defendant to dismiss the third-party complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Scudder, EJ., Hurlbutt, Fahey, Peradotto and Pine, JJ.