Preston v APCH, Inc.

Preston v APCH, Inc. 2020 NY Slip Op 01000 Decided on February 13, 2020 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 13, 2020
No. 35 SSM 31

[*1]Tracy Preston, & c., Appellant,

v

APCH, Inc. et al., Respondents, et al., Defendant.

Submitted by William W. Pulos, for appellant.

Submitted by Jill L. Yonkers, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs. Decedent's work as a welder during the "normal manufacturing process" of fabricating rotor components for air preheaters did not involve "erection, demolition, repairing, altering, painting, cleaning or pointing" of a building or structure (Jock v Fien , 80 NY2d 965, 968 [1992]; Labor Law § 240 [1]). Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur. Judge Fahey took no part.

Decided February 13, 2020