Opinion
May 28, 1993
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Denman, P.J., Green, Balio, Fallon and Davis, JJ.
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 the premises as an Atlantic Service Station. Defendant also required its lessee to complete a training course offered by defendant, and to submit to defendant's inspection and maintenance of certain equipment on the premises. Under those circumstances we conclude that there are triable issues of fact on the degree of defendant's control and possession of the premises (McLain v Turi Landfill, 147 A.D.2d 620; Rochette v Town of Newburgh, 88 A.D.2d 614).