
    Dolomite Products Company, Inc., Appellant, v Elam Sand & Gravel Corporation et al., Respondents.
    [858 NYS2d 621]
   — Appeal from a judgment of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered July 3, 2007. The judgment, inter alia, dismissed the first amended complaint.

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