Kidwell v. Walden Avenue Blend-All Hotel Development, Inc.

—Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered November 7, 2001, which granted defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the complaint is reinstated.

Memorandum: Supreme Court erred in granting defendants’ motion for summary judgment dismissing the complaint in this action to recover damages for personal injuries sustained by Edmund Kidwell (plaintiff) as he was alighting from a shuttle van outside…