MANHATTAN SUPREME COURT — A crane mechanic indicted for manslaughter in connection to a fatal 2008 crane collapse on the Upper East Side will receive a jail-free sentence in exchange for testimony against his former boss, according to court transcripts.
The mechanic, Tibor Varganyi, pleaded guilty to criminally negligent homicide in August as part of a deal made with prosecutors and approved by Manhattan Supreme Court Justice Thomas Farber on Aug. 26.
"I will go along with the plea agreement," Farber said, later adding that he would "certainly impose a non-jail sentence" if the parties were in agreement, according to the official minutes.
Varganyi, 65, is expected to testify against his former boss, New York Crane and Equipment Corp. owner James Lomma, at a criminal trial that may begin as soon as Dec. 1.
Lomma's attorneys briefly appeared in court on Wednesday to set a start date for the trial. The crane boss, who is charged with manslaughter, criminally negligent homicide, assault and reckless endangerment, faces up to 15 years in prison if convicted.
Prosecutors say Lomma ordered bargain crane materials from China, knowing the parts were unregulated and untested, to save money on a high rise construction project at 333 East 91st St.
In pleading guilty, Varganyi admitted to purchasing on Lomma's behalf crane parts known as "bearings" necessary to repair the turntables of the massive high-rise cranes they operated at construction sites around the city.
But on May 30, 2008, parts of the East 91st Street crane repaired with the Chinese parts fell about 200 feet to the pavement, killing crane operator Donald Leo, of New Jersey, and Ramadan Kurtaj, a construction worker from the Bronx. Another person was seriously injured.
The fatal crash came just months after seven people were killed by another collapsed crane at 303 East 51st Street. Crane rigger William Rapetti was acquitted of manslaughter and other charges in connection to that tragedy in July 2010.
Susan Karten, an attorney representing the widow, parents and other relatives of Kurtaj said the family was not consulted about the cooperation agreement before it was reached.
While they are "upset that there's no jail time" for Varganyi, they understand that his cooperation may lead to a conviction against Lomma.
"Here's a case where they're going after the top guy and there's a reason why," Karten said. "He had the authority to stop this and he didn't. It's all about greed."
Prosecutors declined to comment on the cooperation deal and Varganyi's attorney did not immediately return a call for comment.
