The owner and developer of a midtown Manhattan building that was evacuated Tuesday for reports of structural buckling are being sued by a construction worker who suffered a “grave injury” at the site last year, according to court records.
On September 30, 2025, Wilmer Cabrera Rojas was working at the 42nd Street building when he fell after wood he was standing on “gave way,” causing him “serious and permanent injures,” according to a civil suit filed in New York State court.
Rojas filed the suit in November, which is still active.
The suit was brought against Metro Loft, the building’s developer, and 235 Fee Owner LLC, the site owner, among multiple defendants, including limited liability companies. 235 Fee Owner was also the subject of an anonymous complaint that the New York City Department of Buildings investigated, accusing the company of performing construction contrary to previously approved plans.
Attorneys for the buildings defendants have denied the allegations in court filings and any liability for the accident, and have filed a third-party complaint against the construction company that employed Rojas.
An attorney representing the construction company has also denied the defendants’ allegations and could not be reached for comment Tuesday.
Lawyers for the defendants filed a motion to dismiss Roja’s case on Monday, citing the plaintiff’s failure to comply with discovery demands.
Correction: An earlier version of this story inaccurately characterized the New York City Department of Buildings’ involvement with a complaint. The department investigated the complaint.
