Legal Wrangling Continues Over Second Avenue Subway: Report

HARLEM, NY – Another East Harlem landlord is stalling progress on the Second Avenue subway, or Q train, according to a lawsuit unearthed by Crain’s on Tuesday.

The Metropolitan Transit Authority (MTA) is accusing a third East Harlem property owner, Nice Realty Corp., of preventing construction crews from carrying out utility work to advance the extension of the long-awaited Second Avenue line, according to the suit. The MTA further asks the court to order that Nice Realty provide access to 2121 2nd Avenue, which the agency has sought for a year.

Less than a week ago, the MTA sued two other East Harlem landlords, accusing them of similarly holding up progress on the extension by preventing access to buildings along 2nd Avenue.

'Wrongfully And Unreasonably Delayed'

The most recent suit states that MTA crews have asked for access to 2121 2nd Avenue, a four-story apartment building, to safeguard the building – and its inhabitants – in advance of utility work.

Specifically, the work involves the relocation of utilities running underneath 2nd Avenue, as well as remediation to buildings along 2nd Avenue for a new station at 106th Street, according to the suit.

Nice Realty Corp. has “wrongfully and unreasonably delayed access” for a year, according to court documents, a delay which could result in “enormous” expense and injury to the public.

Nice reportedly did not respond to requests for comment.

The judge overseeing the court battle recently issued an order to show cause in the suit, meaning that Nice must explain its actions in court on Sept. 19th.

Second Avenue Subway?

The planned Q train expansion will eventually add three new accessible stations at 106th Street, 116th Street, and 125th Street, which will serve an estimated 100,000 daily riders.

Construction of the expansion was put on hold after Governor Kathy Hochul indefinitely paused congestion pricing earlier this summer, although some work to relocate utility lines along 2nd Avenue will proceed while broader funding issues are resolved, Hochul's office told Patch.

It took the MTA about 9 years to complete the first phase of the Second Avenue subway, and the Q train has served 72nd, 86th, and 96th Street since 2017.

Lawsuits are a “last resort” when intractable property owners refuse to cooperate, the MTA told Crain's.