NEW YORK (AP/WCBS 880) – A judge has upheld manslaughter charges against a construction crane owner and a mechanic after a rig collapsed in New York City and killed two workers.

The judge on Tuesday turned down the defendants’ bid to get the case dismissed. With that, the case is headed for a trial this spring or summer.

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WCBS 880 Reporter Irene Cornell with reaction from the family of the killed worker

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Prosecutors say owner James Lomma and mechanic Tibor Varganyi arranged for a cheap welding job on a 200-foot-tall crane. They say the weld failed after a month of use. The crane crashed into a Manhattan apartment building in May 2008.

Varganyi’s lawyer declined to comment Tuesday. Lawyers for Lomma and the companies didn’t immediately return calls.

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The companies’ lawyer has said the collapse was an accident, not a crime.