Bielicki v. Excel Industries, Inc.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered March 1, 2012. The order granted defendant’s motion for summary judgment and dismissed plaintiffs 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 allegedly sustained when, in the course of his employment, he was delivering a package to defendant’s property. He attempted to open a door but, according to plaintiff,…