Santiago v. Atlantic Refining & Marketing Corp.

Order insofar as appealed from unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff was injured when the spare tire he was inflating exploded at an Atlantic Service Station owned by defendant Atlantic Refining and Marketing Corporation. We conclude that defendant has not established its entitlement to summary judgment. The record reveals that defendant owned the premises where plaintiff was injured and that it required the lessee, David Horbinski, to agree to extensive and detailed "standards of operation” and "safety rules” in operating…