Majority
p. 1334Bank of Utica, Appellant, v City of Syracuse, Respondent, et al., Defendant. [907 NYS2d 895]
Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered September 30, 2009. The order and judgment dismissed the complaint on the motion of defendant City of Syracuse.
It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.