In the accident, on West 42nd Street, Anthony Esposito fell to his death, after a platform attached to the crane tipped. The two men charged, James Van Duyne, 52, and Christopher Van Duyne, 47, were brothers-in-law of Esposito. The charges claim that they cut a guardrail from the platform, and that this affected its structural intergrity.
Lawyer Joseph McCann, who is acting for James Van Duyne, said that the accident was not caused by the brothers or the operation of the crane, and that it was absurd to suggest they would have put themselves or a member of their family in danger.
The Van Duyne’s crane licences have been suspended while an inquiry takes place. They face four charges each, with potential fines for each charge of $25,000, and the possible permanent removal of their licences.