Appeal and cross appeal from an order and judgment (one paper) of the Supreme
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Court, Monroe County (Robert J. Lunn, J.), entered. December 1, 2003. The order and judgment dismissed all cross claims in their entirety.
It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Williams v LeChase (15 AD3d 988 [2005]). Present — Pigott, Jr., RJ., Hurlbutt, Gorski, Martoche and Smith, JJ.