Majority
p. 1360Thomas Roche, Appellant, v J. Thomas Spier, Respondent. [987 NYS2d 280]
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 13, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Present — Scudder, EJ., Smith, Carni, Lindley and Whalen, JJ.