
    Michael A. Gaglio, D.D.S., Appellant, v Vivacqua & Co., Inc., Respondent, et al., Defendant.
    [767 NYS2d 745]
   Appeal from an order of Supreme Court, Erie County (Sedita, Jr., J.), entered September 20, 2002, which granted the motion of defendant Vivacqua & Co., Inc. for summary judgment and dismissed the complaint against it.

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, Sedita, Jr., J. Present — Pigott, Jr., P.J., Pine, Scudder, Gorski and Lawton, JJ.  