
    TVGA Engineering, Surveying, P.C., Respondent, v Lawrence J. Gallick et al., Appellants.
    (Appeal No. 1.)
    [844 NYS2d 757]
   Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered April 26, 2006. The order, insofar as appealed from, denied that part of defendants’ motion to dismiss the complaint as barred by release.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in TVGA Eng’g, Surveying, P.C. v Gallick (45 AD3d 1252 [2007]). Present—Scudder, P.J., Martoche, Centra, Green and Pine, JJ.  