Preston v APCH, Inc., 34 NY3d at 1136 (2020)

2020 NY Slip Op 01000 [34 NY3d 1136]
February 13, 2020
Court of Appeals

[*1]

In the Matter of Tracy Preston, as Administrator of the Estate of Eric S. Lehman, Deceased, Appellant,
v
APCH, Inc., et al., Respondents, et al., Defendant.

Decided February 13, 2020

Preston v APCH, Inc., 175 AD3d 850, affirmed.

{**34 NY3d at 1136} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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]).

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman; Judge Fahey taking no part.