LIFFITON, JACK D. v. NEW YORK 212, INC.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered November 25, 2009. The order partially granted the summary judgment motion of defendant by dismissing plaintiffs first cause of action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Smith, J.P., Centra, Fahey, Gorski and Martoche, JJ.