GARVIN, DONALD J. v. WOJCIK, JR., EDWARD C.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 21, 2015 in a personal injury action. The order granted defendant’s motion for summary judgment dismissing plaintiff’s complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained while cutting down a tree on defendant’s property. Plaintiff and a third party volunteered to help defendant remove trees from his…