NEW YORK - Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictment of two individuals and two corporations on criminally negligent homicide, manslaughter and other charges related to the May 30, 2008 crane collapse that killed two people and seriously injured a third.

On the morning of May 30, 2008, the weld made in the turntable on the Kodiak tower crane at 333 East 91st Street failed, causing the upper portions of the crane to break off and fall to the ground, killing two people and seriously injuring a third. 

James Lomma, Tibor Varganyi, New York Crane and Equipment Corp. and J.F. Lomma, Inc. each face multiple counts of manslaughter and criminally negligent homicide, as well as charges of assault, and reckless endangerment.  Lomma is the owner of both New York Crane and J.F. Lomma, Inc.  Varganyi is a former mechanic for New York Crane.  These charges stem from the defendants’ roles in recklessly and with criminal negligence causing the crane collapse at a high-rise construction site at 333 East 91st Street. 

“This tragedy is particularly devastating because it could have been prevented,” District Attorney Vance said. “The construction industry depends on strict adherence to the rules to ensure the safety of the citizens in a city as densely inhabited as Manhattan.  When safety is sacrificed for profit, the public bears the risk of harm. We cannot allow individuals and firms to conduct themselves in gross violation of applicable regulations and industry standards.  Today’s indictment is an important step not only in holding these defendants accountable for their conduct, but should send a message to the construction industry that profit cannot be put ahead of safety.”

As charged in the indictment and described in court documents, the crane involved in the collapse was a Kodiak tower crane owned by defendant New York Crane and rented to another construction company for use at East 91st Street. Forensic engineers concluded that the failure of a structural weld in the crane’s turntable, a mechanism that enables the upper portions of the crane to swivel, caused the crane collapse.  In the collapse, the weld failure caused the crane’s cab, boom, and other upper sections to break off and fall to the sidewalk and street from an elevation of approximately 200 feet.  Donald C. Leo of Monmouth Beach, New Jersey, who was operating the crane at the time of the collapse, and Ramadan Kurtaj of Bronx County, who was working at ground level, were both killed. Simeon Alexis, who was working inside the building at the time of the collapse, sustained serious injuries from debris. 

New York City Department of Investigation Commissioner Rose Gill Hearn said: “These crane professionals are charged with cutting corners at 91st Street to save themselves time and money, and their short-sighted decisions had a tragic, irrevocable cost. This manslaughter indictment - the second involving a fatal crane collapse in the City - underscores that those who carelessly risk their workers’ and the public’s safety will face justice. The vital partnership among DOI, the Manhattan District Attorney, and our fellow law enforcement agencies unearthed the facts that led to these significant charges.”