
    Robert L. Tutt, Appellant, v Rochester Gas & Electric Corporation, Respondent.
    [790 NYS2d 906]
   — Appeal from a judgment of the Supreme Court, Monroe County (Andrew V Siracuse, J.), entered December 23, 2003. The judgment was entered in favor of defendant after a nonjury trial on the issue of liability.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present — Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.  