v.
Capretto Enterprises, Inc., and Barbara A. Lane, as of Robert J. Lane, Sr.
—Appeal from an order of Supreme Court, Erie County (Joslin, J.), entered July 10, 2001, which denied the motion of defendant Capretto Enterprises, Inc. for summary judgment.
[*965] It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Erie County, Joslin, J. Present—Pine, J.P., Wisner, Kehoe and Lawton, JJ.