Appellate Division of the Supreme Court of the State of New York September 28, 2001 (Bortiatynski v. Spaziani)

—Order affirmed without costs for reasons stated at Supreme Court, Shaheen, J.

*884All concur, Hayes, J., not participating. (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Hayes, Burns and Lawton, JJ.