Appellate Division of the Supreme Court of the State of New York December 31, 2003 (Parton v. Piscitello)

*1383Appeal from that part of an order of Supreme Court, Erie County (Mintz, J.), entered October 7, 2002, that 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.