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PRESTON v. APCH, INC.

No. 35 SSM 31.

34 N.Y.3d 1136 (2020)

142 N.E.3d 102

119 N.Y.S.3d 419

2020 NY Slip Op 01000

TRACY PRESTON, as Administrator of the Estate of ERIC S. LEHMAN, Deceased, Appellant, v. APCH, INC., et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided February 13, 2020.

Attorney(s) appearing for the Case

Pulos and Rosell, LLP, Hornell ( William W. Pulos of counsel), for appellant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo ( Jill L. Yonkers of counsel), for respondents.

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 N.Y.2d 965

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