CHIZH v. HILLSIDE CAMPUS MEADOWS ASS., LLC, 165 SSM 24 (N.Y. 8-31-2004)

ALEKSEY CHIZH, Appellant, v. HILLSIDE CAMPUS MEADOWS ASSOCIATES, LLC, Respondent.

165 SSM 24.Court of Appeals of the State of New York.
Decided August 31, 2004.

Submitted by Emily L. Downing, for appellant.

Submitted by John Wallace, for respondent.

Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Unlike the situation in Prats v. Port Auth. of N.Y. N.J. (100 N.Y.2d 878 [2003]), here plaintiff was replacing a torn window screen at the time of his injury, an activity that constituted “routine maintenance” rather than “repair” or “alteration” of a building or structure (see Esposito v. New York City Indus. Dev. Agency, 1 N.Y.3d 526
[2003]; see also Abbatiello v. Lancaster Studio Assoc., 2004 N.Y. Slip Op 05766, at 8 [7-1-04]).

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum.

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