
    Penn Traffic Company, Inc., Appellant, v Camillus Commons, LLC, Respondent.
    [773 NYS2d 672]
   Appeal from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered January 8, 2003. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross 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. Present—Pigott, Jr., P.J., Hurlbutt, Scudder, Gorski and Hayes, JJ.  