Video of a disabled man being knocked unconscious by a construction worker in an elevator in a Manhattan building has gone viral, and the victim has filed a lawsuit against the perpetrator for the unjustified assault.
According to the Manhattan Supreme Court action filed on Tuesday by Richard Regen’s attorney, 60-year-old Regen was on his way to rehab for a stroke he suffered two years ago when construction worker Andrew Caban reportedly assaulted and then hit him twice in the elevator of his Chelsea building.
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The assault on February 2 was caught on camera by the West 23rd Street building’s CCTV system, and that footage was obtained by The Post.
The video shows that after Caban, 48, allegedly performs the knockout punch, he waits patiently in the elevator vestibule while Regen lies briefly unresponsive.
As he walks away from an incapacitated Regen, the brute seems to turn around, say something, and make a gesture.
Regen is shown groping around outside the elevator for another three minutes, seemingly unable to lift even a finger.
On Tuesday, Regen’s attorneys at the Merson Law office released a statement saying their client had been hospitalized for eight days with a brain bleed, traumatic brain injury, and seizures.
According to the lawyers and the case filed by Regen and his wife, Lili Abir Regen, against Caban and the construction business that employed him, M Daddio, Inc., Regen then required brain surgery to restore his fractured skull.
As the elevator descended to the first floor, the suit claims, “Caban stood over Regen’s body but offered Regen, who was gravely injured, no help after he had brutally attacked Regen.”
As a result, Caban “fled the premises,” the complaint states.
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The lawsuit claims that Regen’s “recent neurological injury affecting his ability to communicate” existed prior to the attack.
According to Nathan Workman, a family lawyer representing the Regens, his client spent two years in rehabilitation after suffering a stroke and becoming disabled.
Werksman claimed Regen was on his way to practice his speech for his forthcoming rehabilitation program graduation.
According to Werksman, “justice and accountability for those responsible for this horrific and unprovoked attack against Richard” are essential.
“New Yorkers have nothing to worry about from the people hired to work on their buildings, including attacks in the elevators.”
After Regen called the elevator many times from Regen’s floor, Werksman said the argument started when Caban, who had been holding the elevator for construction reasons, rode down to the floor.
Regen told the worker he wasn’t permitted to hold the elevator, and Caban allegedly threatened, “Do you want to get hit?” according to Werksman.
‘I never in a million years expected something like this could happen to my husband in our own building,’ Abir Regen said in a statement. “Our primary goal in filing this suit is to deter this from happening to anyone else.”
Regen, who was once able to care for himself, is now undergoing rehabilitation, including physical and occupational treatments, and needs constant monitoring, according to Werksman.
The attorney claimed that his client’s symptoms have gotten “significantly worse” since the attack.
According to court documents, Caban has been charged with criminal misdemeanors related to the event. These include assault and harassment. The criminal case records show that his next court date is on a Wednesday.
Lili Abir Regen, Regen’s wife, is suing Caban, Daddio, and the building’s owner and management businesses for damages.
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Attorney Effie Blassberger said the video doesn’t show the whole story because it doesn’t catch their conversation. The plea of not guilty has been entered, and Andrew Caban continues to assert his innocence.
The justice system, not the media, will decide what really happened.
Daddio’s lawyer, Rosalyn Maldonado, has stated, “The company has no comment concerning this incident or the allegations associated therewith.”