Smith v. Taylor

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated June 19, 2000, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The injured plaintiff, Kenneth Smith (hereinafter the plaintiff), voluntarily agreed to help the defendant’s son remove a tree from the defendant’s property. The plaintiff brought his *567own ladder and chainsaw to the defendant’s property. The…