
    Jamie Brumfield, Respondent, v American Transit Insurance Company, Appellant.
    [886 NYS2d 64]
   Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered September 11, 2008 in a breach of contract action. The order denied defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Centra, Fahey, Garni and Pine, JJ.  