A corporate defendant sued in the deadly 2008 collapse of a construction crane on the Upper East Side will apparently remain in the case as a Manhattan judge has questioned whether the firm is attempting to avoid liability by hiding behind layers of shell entities.

Supreme Court Justice Manuel Mendez (See Profile) denied a summary judgment motion in which the Mattone Group Construction Co. claimed it was an improper party in ongoing litigation over the collapse of the Kodiak Tower Crane on East 91st Street during construction of the Azure, a 32-story residential tower of high-end luxury apartments.

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