Appellate Division of the Supreme Court of the State of New York November 9, 2007 (Birnbaum v. Rohm Services Corp.)

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered December 6, 2006. The order, insofar as appealed from, granted in part defendants’ motion for summary judgment and denied plaintiffs cross motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.