Tracy Preston v. APCH

Opinion

State of New York Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 35 SSM 31 Tracy Preston, &c., Appellant, v. APCH, Inc. et al., Respondents, et al., Defendant.

Submitted by William W. Pulos, for appellant. Submitted by Jill L. Yonkers, for respondents.

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On review of submissions pursuant to section 500.11 of the Rules, 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 NY2d 965, 968 [1992]; Labor Law § 240 [1]). Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur. Judge Fahey took no part.

Decided February 13, 2020