The opinion
Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered October 26, 2009 in a personal injury action. The order, among other things, denied defendants’ motion for summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Centra, J.P., Fahey, Peradotto, Lindley and Pine, JJ.