The Real Deal New York

NYC contractor convicted in death of construction worker refuses to pay for safety PSA

Harco says funding the ad would be an admission of wrongdoing
July 14, 2016 11:58AM

9-19 Ninth Avenue

9-19 Ninth Avenue in the Meatpacking District last April (inset: Carlos Moncayo) (credit: New York District Attorney’s Office)

Harco Construction, the general contractor convicted in the death of a young construction worker, is flouting a judge’s order to pay for work-safety public service announcements.

The company’s attorney told Judge A. Kirke Bartley during a hearing on Wednesday that paying for such advertisements would be an admission of wrongdoing and that the company would rather pay fines than bankrolling the PSAs, DNAinfo reported. In June, Harco was found guilty of manslaughter and other charges related to the death of Carlos Moncayo, who was crushed in an excavation pit at 9-19 Ninth Avenue in the Meatpacking District on April 6, 2015. Aurora Capital Associates TRData LogoTINY and William Gottlieb Real Estate are developing the site, formerly home to the French bistro Pastis, into a Restoration Hardware store.

Harco’s attorney, Ron Fischetti, said that subcontractor Sky Material Corp., which will face a separate trial, should instead pay for the announcements. If Harco, owned by Kenneth Hart, doesn’t pay for the ads, the company will instead have to pay $10,000 in fines.

“I would ask that the corporate defendant reconsider in the hopes that some good could come from this tragedy,” Bartley said.

Diana Florence, the assistant district attorney who prosecuted the case, asked Bartler to find Harco in contempt of court. The judge said he’ll explore such a ruling.  [DNAinfo] — Kathryn Brenzel