Operator in NYC crane collapse was charged in previous worksite death

May 16, 2023

The operator of the crane at the center of Wednesday’s disaster in Midtown was previously charged in a 2008 construction accident that resulted in the death of his co-worker.

Chris Van Duyne, 62, who the Department of Buildings said was at the controls around 7:30 a.m. when his tower hoist burst into flame, caught the blame 15 years ago for a workplace death involving compromising safety equipment on another construction crane in Midtown.

A burning construction crane is seen atop a high rise near Manhattan’s Hudson Yards after part of its load collapsed and plunged 45 stories to the street below Wednesday morning, July 26, 2023, with only four minor injuries reported as terrified pedestrians scrambled for their lives. (Luiz C. Ribeiro for New York Daily News)

Van Duyne and his brother James Van Duyne had their crane operators’ licenses suspended for eight months and were slapped with administrative charges after Anthony Esposito, 48, fell 400 feet to his death on Sept. 4, 2008 during the construction of Silverstein Towers at 600 W. 42nd St. — just a block away from Wednesday’s chaotic scene.

The brothers had cut the guardrail of a platform on the tower crane 40 stories above the sidewalk, according to a joint investigation between the Department of Buildings and the Department of Investigations.

Esposito, who was wearing a safety harness that was not attached, lost his footing when the platform shifted and plummeted to his death, authorities said.

The brothers were charged with endangering public safety and violating city construction codes and fined $25,000 each. They were both required to complete 30 hours of DOB safety training during their suspensions.

“The irresponsible removal of a safety railing played a critical role in the death of a member of this rigging crew. It was a shortcut gone terribly wrong that compromised rigging operations and put the lives of fellow workers in jeopardy,” DOB Commissioner Robert LiMandri said at the time.

The Van Duynes worked for DFC Structures Inc., a subcontractor known for mob ties hired to work on the $917 million project, which is backed by developer Larry Silverstein.

DFC Structures is an affiliate of DiFama Concrete, which formerly was run by Joseph Fama, an alleged Luchese crime family associate, who divested his interest in the firm in 2005 after pleading guilty to federal racketeering and extortion charges.

The preliminary cause of Wednesday’s construction crane fire and collapse near Hudson Yards was a hydraulic fluid leak onto a heated metal plate, which sparking the accidental blaze, a source told the Daily News.

Attempts to reach Christopher Van Duyne on Wednesday were unsuccessful. James Van Duyne refused to comment.

Relatives of Esposito also declined to comment.