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

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), 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 N.Y.3d 526; see also Abbatiello v. Lancaster Studio Assoc., 3 N.Y.3d 46, 53).

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.

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CHIZH v. HILLSIDE CAMPUS MEADOWS ASSOCIATES, LLC
(Aug 31, 2004)