City Could Face Suit From Crane Victim's Brother

The brother of a construction worker who died in the East Side crane collapse is asking a judge to order the city to preserve evidence that could be used in a lawsuit targeting several parties, including the city.

After a city inspector was arrested Thursday for failing to examine the crane and then lying about it, the commissioner of the Department of Buildings, Patricia Lancaster, said that even if the inspection had occurred, it would not have prevented the March 15 crane collapse. Now the city may have to prove Ms. Lancaster's statements in court.

The first papers were filed yesterday in state Supreme Court in Manhattan for a lawsuit that will hold responsible the owner of the building to which the crane was attached, the construction manager of the site, and possibly the city for the death of one of the construction workers who died in the crash.

The papers, filed by Christopher Canzona on behalf of his deceased brother, Clifford Canzona, are asking that a judge order the city to preserve and maintain physical evidence from the crash, saying it will be necessary in Mr. Canzona's pending lawsuit.

"The buildings department had taken parts of the tower and the beam that was being used to secure the tower to the building, and the slings," Mr. Canzona's attorney, Alan Leibowitz, said. "They had taken them off-site. We're interested that they be preserved during the pending of any lawsuit."

Clifford Canzona, 45, was one of the construction workers attempting to "jump" the crane, or extend it higher into the air, when it broke free from its bindings, causing seven deaths, dozens of injuries, and millions of dollars in property damage.

Mr. Leibowitz said he would like to see experts examine the evidence from the site to determine what may have caused the collapse.

A spokeswoman for the city law department said attorneys had not yet received the papers and could not comment on the pending suit.

The Department of Buildings did not respond to a request for comment last night.

The building's owner, the Magnum Real Estate Group, and the construction manager, Reliance Construction Corp., did not return calls for comment last night.