| Preston v APCH, Inc. |
| 2020 NY Slip Op 01000 [34 NY3d 1136] |
| February 13, 2020 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 8, 2020 |
| Tracy Preston, as Administrator of the Estate of Eric S. Lehman, Deceased, Appellant, v APCH, Inc., et al., Respondents, et al., Defendant. |
Decided February 13, 2020
Preston v APCH, Inc., 175 AD3d 850, affirmed.
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.
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 NY2d 965, 968 [1992]; Labor Law § 240 [1]).
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman; Judge Fahey taking no part.