
    Patricia Tully, Appellant, v Anderson’s Frozen Custard, Inc., Respondent.
    (Appeal No. 1.)
    [908 NYS2d 380]
   Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered August 17, 2009 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ.  