by ZACHARY R. DOWDY
The families of two New York City firefighters who died while battling a blaze near Ground Zero intend to sue city and state agencies, saying the authorities conducted lax inspections, approved corrupt contracts and failed to devise an escape plan, creating a deadly mix that doomed the men.
"By their abject misconduct and callous indifference, respondents, their agents and employees permitted the fire to start and spread and prevented [Joseph Graffagnino] from appropriately fighting, escaping and surviving it . . . " read a notice of claim that Graffagnino's family filed yesterday against New York City, New York State, the Lower Manhattan Development Corp. and others.
They seek $150 million, while Barbara Crocco, a sister of Robert Beddia, the other firefighter, filed a separate notice of claim for $30 million.
"While the family continues to grieve this terrible loss, today it has preserved its rights to hold accountable those who put our city's heroes in danger," said Aryeh Portnoy, Crocco's attorney.
Graffagnino, 33, of Brooklyn, who worked at Ladder Company 5, died on Aug. 18 along with Beddia, 53, of Staten Island and Engine Company 24, as the men battled a fire at the former Deutsche Bank building at 130 Liberty St., near Ground Zero.
The edifice, damaged in the Sept. 11, 2001, terrorist attacks, was being demolished at the time the fire broke out. Graffagnino and Beddia died of smoke inhalation after they became trapped on the 14th floor, officials said.
"This case involves a terrible tragedy. We are awaiting the formal legal papers and will review them thoroughly," said city Law Department spokeswoman Kate O'Brien Ahlers. "It would not be appropriate to comment further in light of the investigation and the pending claims."
The deaths prompted Mayor Michael Bloomberg, a defendant named in Graffagnino's papers, to order a review of the Fire Department's inspection procedures and practices.
New York City Fire Commissioner Nicholas Scoppetta, another defendant, last week released new guidelines governing inspections, changes that officials acknowledged may not necessarily have saved the firefighters' lives, but which officials said will give firefighters more information to increase their safety.
"They're suing so that no spouse or no child has to go through this again," said John Meringolo, of Manhattan, who represents Linda Graffagnino, the firefighter's wife, and the couple's two children.
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