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RAILING FAILURE = DEADLY BALCONY PLUNGE ACCIDENT

From:  New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens injury attorney)

In a horrifying accident, on Sunday, March 14, 2010 at 8:30 AM Manhattan social worker Connor Donohue, age 24, leaned on the railing of his balcony and it gave way, dropping him 24 floors to his death on the street below. He hit a tree before coming to rest on the sidewalk. The accident to and death of Connor Donohue - who worked for a not-for-profit agency - left a huge hole in his close-knit family.

As a result of its investigation, The New York City Building Department accused the management of the building, located at 330 East 39th Street in New York City, of failing to properly inspect its terraces. Further, the Building Department had issued a violation against building manager Pan Am Equities in December, 2008, for violating a New York City law requiring landlords of buildings taller than seven stories high to hire private inspectors to check balconies every five years.

A new violation was issued in the wake of Donohue's accidental death, with New York City's Department of Buildings finding that the balcony's iron railing was "loose and damaged."

Some residents reported that the railings felt shaky because they are attached to the concrete floor of the terrace - but not anchored to the wall of the building.

Comment: Building residents have been warned to stay off their balconies until they can be inspected.

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