NYC man beaten by construction worker in unprovoked attack in elevator, lawsuit says

CHELSEA, Manhattan (PIX11) -- A 60-year-old Manhattan man who was assaulted inside the elevator of his Chelsea apartment building filed a lawsuit over the incident Tuesday. 

The attack unfolded in less than 10 seconds. Attorneys for the victim, Richard Regen, said the beating was completely unprovoked. 

"He had no opportunity to defend himself," attorney Tobil Millrood said during a press conference Tuesday.

Regen claims he was waiting for the elevator in February, on his way to a rehab appointment for a stroke he previously suffered, when the elevator appeared to be in use by a construction crew in the building. His attorneys said when the elevator finally arrived, Andrew Caban, who worked for the construction company, was inside. 

"There was no exchange of angry words. Mr. Regen simply indicated he had to get somewhere. He did not threaten, intimidate or do anything that would have provoked this vicious assault,” Millrood said. 

Caban was arrested and faces misdemeanor assault and harassment charges. 

"The video of this incident did not record their verbal interaction and does not accurately capture what occurred,” said Caban’s attorney, Effie Blassberger. "Andrew Caban has entered a plea of not guilty and maintains his innocence. The true circumstances will be determined in court, not in the press."

Regen is suing Caban for unspecified damages.