PRESTON v. APCH INC (2020)

Court of Appeals of New York.

Tracy PRESTON, as Administrator of the Estate of Eric S. Lehman, Deceased, Appellant, v. APCH, INC. et al., Respondents, et al., Defendant.

No. 35 SSM 31

Decided: February 13, 2020

Pulos and Rosell, LLP, Hornell (William W. Pulos of counsel), for appellant. Rupp Baase Pfalzgraf Cunnigham LLC, Buffalo (Jill L. Yonkers of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. Decedent’s work as a welder during the ‘‘normal manufacturing process’’ of fabricating rotor components for air preheaters did not involve ‘‘erection, demolition, repairing, altering, painting, cleaning or pointing’’ of a building or structure (Jock v. Fien, 80 N.Y.2d 965, 968, 590 N.Y.S.2d 878, 605 N.E.2d 365 [1992]; Labor Law § 240[1]).

Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur; Judge Fahey took no part.

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