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CHIZH v. HILLSIDE CAMPUS MEADOWS ASSOCIATES, LLC.

3 N.Y.3d 664 (2004)

817 N.E.2d 819

784 N.Y.S.2d 2

ALEKSEY CHIZH, Appellant, v. HILLSIDE CAMPUS MEADOWS ASSOCIATES, LLC, Respondent.

Court of Appeals of the State of New York.

Decided August 31, 2004.

Attorney(s) appearing for the Case

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.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

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 N.Y.2d 878 [2003]), 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...

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