Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered March 14, 2013. The order and judgment, among other things, granted plaintiffs motion for partial summary judgment.
It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Present — Smith, J.E, Centra, Carni, Whalen and DeJoseph, JJ.