OPINION OF THE COURT
Whalen, J.Same opinion by Whalen, J., as in Brown & Brown, Inc. v Johnson ([appeal No. 1] 115 AD3d 162 [2014]).
Fahey, J.E, Peradotto, Lindley and Sconiers, JJ., concur.It is hereby ordered that the order so appealed from is unanimously affirmed without costs.