A state appeals court has slashed the payout for the deadly 2008 crane collapse in the Upper East Side from $95 million to $35 million.



The Manhattan-based court ruled Tuesday that the eye-popping jury award in August 2015 to the descendants of two workers who died in the accident was excessive and deviated from precedent.

“There are no verdicts similar to the verdicts in this case,” Justice Troy Webber wrote for the unanimous panel.

The decision did note that construction magnate James Lomma, who was found liable for the accident following a record-setting 11-month trial, made a series of “calculated decisions” over several months that caused the crash.

“Lomma placed profit over the safety of construction workers and the public, despite having multiple opportunities to change course,” the five-judge panel found.

“That there were not more lives lost and/or property damaged is something of a miracle. Had this even occurred later in the day, the consequences of defendants’ wanton and egregious actions could have been far more devastating.”

Susan Karten, attorney for the family of construction worker Ramadan Kurtaj, said she was pleased with the decision. The damages remained record-breaking, she said.

“The family says the only thing Mr. Lomma understands is money and it’s true,” Karten said. “He’s going to have to pay up. It’s time to pay up.”

Nate Marmur, an attorney for Lomma, indicated he will pursue further appeals of the judgment.

“New York Crane did not receive a fair opportunity at trial to prove that this devastating accident was not the company’s fault, and we are confident that further appellate review will vindicate our position,” Marmur said, referring to Lomma’s company.