CHIZH v. HILLSIDE CAMPUS MEADOWS ASSOCIATES, LLC

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.