NEW YORK (CBSNewYork) – The family of the Manhattan man killed in a horrific elevator tragedy now plans to sue.

Samuel Charles Waisbren was crushed to death when he tried to exit the elevator inside his Kips Bay apartment building, but the elevator car suddenly dropped.

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The 30-year-old’s family has filed a petition against the building’s owner.

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It’s reportedly the first step to safely secure all evidence in preparation for a lawsuit.

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The court papers also call for a family lawyer to be present during an inspection of the elevator at the Manhattan Promenade Tower on Third Avenue.