Appeal from the Supreme Court, Monroe County, Siragusa, J.
Order unanimously reversed on the law without costs, motion denied, cross motion granted and first cause of action dismissed. Memorandum: Gerald Rennoldson (plaintiff), a maintenance worker at Delta Sonic Car Wash, was injured when he fell from a ladder while replacing a leaking tube on a car wash machine. Supreme Court erred in denying the cross motion of defendant James F. Volpe, Sr., the property owner, for partial summary judgment dismissing the Labor Law § 240 (1) cause of action against him. That statute does not apply here because plaintiff "was merely performing routine maintenance in a non-construction, non-renovation context" (Howe v. 1660 Grand Is. Blvd., 209 A.D.2d 934, lv denied 85 N.Y.2d 803). Even assuming, arguendo, that the machine constitutes a "structure," the replacement of a leaking tube is not a repair or alteration within the meaning of the statute (see, Labor Law § 240; Smith v. Shell Oil Co., 205 A.D.2d 681, lv granted 84 N.Y.2d 810; Cosentino v. Long Is. R.R., 201 A.D.2d 528; Edwards v. Twenty-Four Twenty-Six Main St. Assocs., 195 A.D.2d 592).