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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.

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 [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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