25.09.2008

Two charged in tower crane erectors death

New York City officials have filed administrative charges against two brothers, James Van Duyne, 52, and Christopher Van Duyne, 47, who were helping to dismantle a tower crane on West 42nd Street when a co-worker and brother-in-law, Anthony Esposito fell to his death.

The city said that it had also suspended their crane licenses after accusing them of compromising the safety of the operation by cutting the safety guardrail on a work platform attached to the tower crane, 40 floors above the street.

According to the charges the cutting of the guardrail, compromised the structural integrity of the platform and was a material cause in Esposito falling.
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Esposito was part of a team of eight dismantling the crane for concrete contractor, DFC Structures.

Building officials and the city Department of Investigation said in a news release that the men had endangered public safety and violated the city’s construction codes.

Joseph D. McCann, a lawyer for James Van Duyne, said the license suspensions were “based on a tragic accident that was not caused by them and had no connection with the operation of a crane. To think that Jim and/or Chris would put themselves or their brother-in-law in danger is absurd.”

Administrative charges were also filed against the licensed rigger on the job, Gene J. Altobelli, and his tower-crane rigging license was suspended.

Robert LiMandri, the New York buildings commissioner designate, said: “This was a shortcut gone terribly wrong that compromised rigging operations and put the lives of fellow workers in jeopardy.”

If the charges are substantiated, the buildings commissioner can impose fines of up to $25,000 for each of four violation by each man and permanently revoke their licenses.