Chizh v Hillside Campus Meadows Assoc., LLC, 3 NY3d 664 (2004)

2004 NY Slip Op 06456 [3 NY3d 664]
August 31, 2004
Court of Appeals

[*1]

In the Matter of 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.

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.