Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly granted the motion of defendant Vosbeck, Vosbeck, Kendrick & Redinger, Inc. (Vosbeck), for partial summary judgment. Upon our review of the record, we conclude that plaintiff, Niagara Frontier Transportation Authority (NFTA), may not maintain this action against Vosbeck to the extent of the sum of $1,118,836; Encon Underwriting Agency, Inc. (Encon), was subrogated to NFTA's rights...
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