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Owner of Collapsed Crane Seeks Gag Order

By ELIZABETH GOODWIN, Special to the Sun | July 15, 2008

The owner of a construction crane that killed two construction workers when it collapsed in May is refusing to turn over documents pertaining to the maintenance of the crane unless lawyers representing the families of the deceased agree to keep quiet about the information.

The lawyers said they plan to argue against the efforts of the New York Crane and Equipment Corp. to reach a confidentiality agreement to protect the information from leaking to the public. Before they file their civil action, the families' lawyers say they want access to the company's maintenance records for the crane. A lawyer representing the family of the deceased construction worker Ramadan Kurtaj, Susan Karten, said the public deserves to know the inspection history of the faulty crane.

"We asked them to turn over numerous documents in regards to the inspection and repair of this crane ... and they have refused to turn anything over unless we sign a very broad confidentiality agreement," Ms. Karten said. "In order for us to frame the complaint, we need this information, and I think every part of this case should be made open to the public."

In early June, a judge barred New York Crane and Equipment from taking back the faulty crane after Bernadette Panzella, the lawyer representing the family of the other deceased worker, Donald Leo, brought an order to show cause to the City of New York and New York Crane and Equipment.

"That was already the first victory, and we hope to have a victory tomorrow," Ms. Panzella said.

Five claims have been filed with the city about the May 30 accident, according to the New York City Law Department. There is a 90-day window to file a claim after an accident.

Last month, the owner of the building at East 91st Street and First Avenue that was hit by the crane filed a $100 million lawsuit against the contractor, owner, and other parties.

Today's pre-action proceedings will involve Leon D. Dematteis Construction Corp., the City of New York, and Sorbara Construction Corp., in addition to New York Crane and Equipment.

Ms. Karten said no other party involved has requested a similar gag order.

New York Crane and Equipment also owns the crane that collapsed in March 15, which garnered 47 claims filed against the city for a collective $497 million, according to the city comptroller's office. The company did not return a request for comment yesterday.


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