New Scotland sued by worker alleging injuries suffered during Hilton barn restoration

The Enterprise — Michael Koff

A yearslong restoration of the Hilton barn has hit a snag as a worker on the project claims in a lawsuit that the town of New Scotland is responsible for “severe, serious, and permanent personal injuries” he suffered on the site.

NEW SCOTLAND — The town of New Scotland is being sued by a Brooklyn man who claims to have sustained “severe, serious, and permanent personal injuries” after a fall from scaffolding for which he says the town was responsible.

 New Scotland Supervisor Douglas LaGrange declined to comment, citing pending litigation. 

In a complaint filed on May 27, Roman Tsegelniuk alleges that, on July 25, 2024, he was lawfully working on restoration of the Hilton barn when he “fell from an unsecured, defective, and dangerous scaffold on the premises.”

Tsegelniuk has filed suit against the town because, he claims, New Scotland was the general contractor and construction manager of the project, responsible for hiring and retaining contractors or subcontractors.  

The barn restoration has become costly: Its roof — slate like the original it replaced — cost about $513,5oo, approximately $61,000 over the project’s original cost while a $529,200 contract with Sanz Construction of Staten Island for work on the barn needed 150,000 additional dollars to deal with significant deterioration on the upper levels of the barn.

Work on the massive 125-year-old barn is scheduled to be wrapped up this year. 

The complaint makes two causes of action:

— Negligence: The first cause of action claims that New Scotland was careless, reckless, and negligent. It alleges that the town failed in its duty to maintain a safe worksite, which directly led to the dangerous conditions — the unsecured scaffold — that caused the Tsegelniuk’s fall and subsequent injuries; and

— Violations of New York State Labor Law: The second cause of action claims that New Scotland violated sections of construction-related state law, specifically those governing a general duty to provide a safe workplace, special protections for workers in elevation-related accidents (the so-called Scaffold Law), and providing reasonable and adequate safety and protection for workers in construction areas. 

The complaint does not name the injuries for which Tsegelniuk is seeking unspecified monetary damages.

Tsegelniuk could not be reached for comment; his lawyer, Joseph Armao, did not immediately respond to a request for comment. 

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