Majority
p. 1146Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Appellant, v Good Earth Organics Corporation, Respondent. [764 NYS2d 891]
Appeal from an order of Supreme Court, Erie County (Lane, J.), entered October 11, 2002, which, inter alia, denied plaintiffs motion for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Erie County, Lane, J. Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.