April 28, 2007: Vol. 30, No. 17
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del.icio.usA Park Slope lawyer whose throat was slit during a 2004 carjacking in his building’s parking lot has won a multi-million-dollar settlement against the big-time construction company that failed to secure his safety.
Christopher Nesterczuk sued the builders of his Sackett Street apartment — Alisa Construction, which is owned by the son-in-law of Brooklyn real-estate mogul Shaya Boymelgreen — on the grounds that the company did not provide adequate security while construction was ongoing.
On Wednesday, a jury agreed, ruling that Alisa Construction was “100 percent” at fault.
“There’s a feeling of vindication and closure and justice,” Nesterczuk told The Brooklyn Paper after the verdict. “There’s nothing that any court or jury can do to turn back the clock, but we do feel vindicated. And we’re hoping that this will send a message to this general contractor, and that they’ll think more about safety than their own profits.”
Alisa Construction would not comment on the verdict.
The central facts in the case are not in dispute: On June 16, 2004, Nesterczuk walked into his building’s parking lot and began to unlock his Audi when an assailant slit his throat and stabbed his arms and head.
The electric gate that had been installed to protect the driveway during construction had yet to be activated.
Nesterczuk sued Alisa Construction for failing to secure the site, basing his claim on a city law requiring contractors to provide round-the-clock security at construction sites. At issue was whether the building was indeed a construction site, since the city had issued the developer a temporary certificate of occupancy.
Nesterczuk has since recovered physically from the attack, but says he still suffers from severe post-traumatic stress syndrome. His attacker is serving a 22-1/2 year sentence.
©2007 The Brooklyn Paper
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