— Appeal from an order of Supreme Court, Erie County (Lane, J), entered December 19, 2002, which granted plaintiffs motion for partial summary judgment on the issue of negligence.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court, Erie County, Lane, J. Present—Pigott, Jr., P.J., Green, Scudder, Gorski and Lawton, JJ.