
    Carmen D. Clark, Respondent, v James R. Swiezy, Appellant.
    [765 NYS2d 538]
   Appeal from an order of Supreme Court, Erie County (Lane, J.), entered August 30, 2002, which denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court, Erie County, Lane, J. Present — Pigott, Jr., P.J., Hurlbutt, Gorski and Lawton, JJ.  