Rascoe v. Riteway Rentals

— Order, Supreme Court, Bronx County (Howard Silver, J.), entered October 19, 1990, which denied defendant/third-party plaintiffs motion for summary judgment, unanimously affirmed, without costs.

Plaintiff, employed as a truck driver by third-party defendant, was injured in an accident in the course of his employment, when the rental truck on which he was riding as a passenger, which was being driven by a co-employee, skidded off the roadway and struck a guardrail. It is alleged that the truck, owned by defendant, was not equipped with seat belts on the passenger’s side.

Defendant’s motion for…