McGuirk v. Ruan Leasing Co.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured when he fell from a scaffold while removing decals from the side of a tractor-trailer owned by defendant third-party plaintiff Scrivner of New York, Inc. (Scrivner), a food distributor in Erie County. The accident occurred in a repair shop owned by defendant third-party plaintiff 3020 Clinton St., Inc. (3020 Clinton), and leased to defendant third-party plaintiff Ruan Leasing Company (Ruan Leasing), which had contracted with Scrivner to “maintain and…