DOB Halts Work at East Side Site After Worker in Cherry Picker Dies in Freak Accident

A developer was in the process of demolishing a church and four apartment buildings to make way for a nearly 200 ft. tall luxury apartment complex. A construction worker died in a freak accident on Dec. 13, halting the word.

| 19 Dec 2024 | 06:43

A few votive candles and a memorial wreath resting against a green fence are the only signs that a 45-year-old worker was killed when the cherry picker he was riding on Dec. 13 hoisted him into a steel beam 32 ft above the ground.

Jose Ramirez Munoz who was living at 103rd St. in Queens was identified as the victim by cops. He was pronounced dead at the scene. Another 35-old worker who was with him suffered minor injuries and was treated at nearby Bellevue Hospital.

Work on the site, which the real estate developer Continuum Co., headed by Bruce Eichner had purchased from the Community Church of New York, has not resumed following the death of the worker.

The site just off Fifth Ave. at 34 E. 35th is not far from the Morgan Library and is in the shadow of the Empire State Building. The multi-denominational Unitarian Church that owned the site up until October this year when its deal with Continuum has a 189-year history in New York, making it one of the oldest congregations in the city.

The church was a haven in the dark days after 9-11 and was a leader in civil rights cases at home and abroad. Folk singer Pete Seeger, of “This Land is Was Made for You and Me” fame was a member of the parish in the final years before he passed. And when Nelson Mandela was released from prison and made his famous address at a sold-out Yankee Stadium in 1994, his only stop in Manhattan was at the Community Church of New York, whose members were relentless crusaders against apartheid.

The congregation traces its roots back to 1825. It moved into the demolished church at 40 E. 35th St. in 1944.

But the congregation was aging and saw its numbers decline during COVID. In addition to the famous church, the congregation also owned four adjacent low rise brownstones next to the church which contained church offices, a ten-bed homeless shelter and a soup kitchen as well as rental apartments. For awhile, Community Church used spare rooms in the apartments as AirBnB residences to generate extra income for upkeep and charity work.

But the city shut the rentals down. The roof of the church leaked and repairs were needed in the aging buildings. While the church had survived if not thrived over the years thanks to a multi-million endowment, it was being rapidly depleted by dwindling congregation and the upkeep of the crumbling apartment and church buildings in recent years.

In a contentious vote, the congregation voted in 2022 to sell the church and the four adjacent brownstones to the Continuum Company for close to $66 million. While some members of the congregation loudly objected, the vote to sell was eventually carried by the majority of the 80 person congregation.

The State Attorney General cleared the sale of the not-for-profit to a profit seeking developer back in 2022, but it took until late this year for the deal to finalized.

The current pastor, Peggy Clarke, when reached by Our Town said, “Thanks for asking. The site used to belong to us but we sold it to Continuum. The deal closed in October.”

The church has used money from its endowment fund to buy a building across the street to house the 10-bed homeless shelter and the church offices. It had been renting space for Sunday afternoon services from a nearby Episcopal church as it searched for a new permanent home.

Meanwhile, work on the site that was being demolished by Continuum to make way for a new luxury apartment tower has halted. Officials at Continuum had not responded immediately to an email seeking comment. The DOB said the general contractor handling the demolition was Russo Development Enterprises. A receptionist who answered the phone at the firm’s Lawrence, NY, offices said, “There’s no comment. thank you.” She then hung up the phone.

The Department of Buildings, which responded to the site on the day of tragic accident had been called to the site as recently as November when neighbors called to complain that the demolition work was causing their own building to shake. The DOB investigated but found those complaints unfounded.

Back on Oct. 30, the DOB had cited the contractor, Russo Development Enterprises and Continuum and issued ten summonses because the special inspector hired by the developers to oversee certain tasks and to compile mandated inspection reports was not registered with the DOB.

Following the death, the DOB said it was “going to comb through every detail at the site to get to the bottom of how this tragic death occurred.”

“Unsafe conditions on work sites and putting workers at risk is unacceptable,” the statement continued, “and following our investigation, we will take appropriate enforcement actions against the responsible parties.”

The DOB said the investigation is ongoing.