| Chizh v Hillside Campus Meadows Assoc., LLC |
| 2004 NYSlipOp 06456 |
| Decided on August 31, 2004 |
| Court of Appeals |
| As corrected through Thursday, September 16, 2004 |
Decided on August 31, 2004
No. 165 SSM 24
v
Hillside Campus Meadows Associates, LLC, Respondent.
Submitted by Emily L. Downing, for appellant.
Submitted by John Wallace, for respondent.
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., 2004 NY 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. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Decided August 31, 2004