Parisi & Bellavia, Rochester (Timothy C. Bellavia of counsel), for plaintiff-appellant-respondent.

Hagelin Spencer LLC, Buffalo (Richard J. Porter of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered April 29, 2019. The order denied in part the motion of defendant for summary judgment dismissing the complaint and denied in part the cross motion of plaintiff for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Whalen, P.J., Centra, Curran, Winslow and Bannister, JJ.