
    Cheryl Kalenda et al., Appellants, v Mar-Wal Construction Co., Inc., Respondent.
    [879 NYS2d 782]
   Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 6, 2008 in a personal injury action. The order, among other things, granted defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.E, Centra, Peradotto, Garni and Gorski, JJ.  