
    Harry Zipkin, Appellant, v Michael Volpe, Respondent.
    [739 NYS2d 315]
   Appeal from an order of Supreme Court, Monroe County (Frazee, J.), entered October 18, 2000, which granted defendant’s 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 at Supreme Court, Frazee, J. Present — Hayes, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.  