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McGUIRK v. RUAN LEASING CO.

244 A.D.2d 984 (1997)

665 N.Y.S.2d 489

William B. McGuirk, Appellant, v. Ruan Leasing Company et al., Respondents-Appellants, and Scrivner of New York, Inc., Respondent. Ruan Leasing Company et al., Third-Party Plaintiffs, v. Henry Diesel Services, Inc., Third-Party Defendant-Respondent. Scrivner of New York, Inc., Third-Party Plaintiff, v. Henry Diesel Services, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1997

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...

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