86th Street residents’ Second Avenue Subway suit dismissed

December 27, 2011 11:35AM

Yorkshire Towers at 305 East 86th Street
Residents of the Yorkshire Towers who filed a federal lawsuit earlier this year against a variety of federal agencies as well as the Metropolitan Transportation Authority saying the MTA had “arbitrarily and capriciously” chosen to place new subway entrances on their blocks and failed to properly assess the environmental impact of the mid-block entrances, are out of luck, Second Avenue Sagas blog reported.

A judge earlier this month granted a motion to dismiss the complaint by the residents of the building, at 305 East 86th Street at Second Avenue, based on a legal technicality (see the decision below). The residents waited eight months beyond the statute of limitations, and therefore the station entrances will go ahead as planned. That suit wasn’t the first one Yorkshire Towers filed against the MTA.

In a related case last year they sued the MTA over a Freedom of Information Law request.

The MTA has faced other criticisms as it continues in the first phase of the four-phase project. Residents near the construction complained at a community board meeting a couple of months ago that the work is causing them health problems. [Second Avenue Sagas] and [Second Avenue Sagas]