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August, 2004
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

----------------------------------------------------------------- 4 No. 165 SSM 24 Aleksey Chizh, Appellant, v. Hillside Campus Meadows Associates, LLC, Respondent.

Submitted by Emily L. Downing, for appellant. Submitted by John Wallace, for respondent.


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 [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 City Indus. Dev. Agency, 1 NY3d 526 [2003]; see also Abbatiello v Lancaster Studio Assoc., 2004 NY Slip Op 05766, at 8 [7-1-04]).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.

Decided August 31, 2004

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