Aleksey Chizh v Hillside Campus Meadows Associates

Chizh v Hillside Campus Meadows Assoc., LLC 2004 NY Slip Op 06456 [3 NY3d 664] August 31, 2004 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 10, 2004

[*1] Aleksey Chizh, Appellant,
v
Hillside Campus Meadows Associates, LLC, Respondent.

Decided August 31, 2004

Chizh v Hillside Campus Meadows Assoc., LLC, 4 AD3d 743, affirmed.

APPEARANCES OF COUNSEL

Lewis & Lewis, P.C., Buffalo (Emily L. Downing and Richard P. Amico of counsel), for appellant.

Law Offices of John Quackenbush, Buffalo (John Wallace of counsel), for respondent.

OPINION OF THE COURT

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 NY2d 878 [2003]), [*2]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 NY3d 526 [2003]; see also Abbatiello v Lancaster Studio Assoc., 3 NY3d 46, 53 [2004]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.