Query on Culpability of City of New York for Class Action Suit

[509Airdale]

I live in Kings County, City of and State of New York.

I am 65, retired, and learned (one year ago) that I have cancer. Our house adjoins the New York Metropolitan Transit Agency tracks (Q and B lines - 4 tracks) at a point south of where they exit subway and travel at street level. These tracks immediately adjoin our property at grade level with no buffering right of way.

The MTA has embarked on a substantial construction project of rennovation of this line estimated to continue for at least three years. The tracks are on the east side of our property; additionally, on the south side of our property, the MTA has acquired, through eminent domain, a formerly vacant lot that is now being used as a storage and fabrication area with heavy construction equipment operating there day and night.

The MTA has made absolutely no effort to mitigate the noise and vibration from the construction, which includes four train lines using horn signals at all hours of all days and nights. Additionally, the construction crews themselves are noisy and use frequent obscene language. I have written to our councilman and community board, complaining about this situation, copying the mayor's office, but have received no replies.

Essentially, the City of New York has caused our property to be not sellable (we have been trying to sell for over three years), and has therefore failed to protect our property by causing its value to have become virtually worthless. Additionally, we have been deprived of sleep by the constant noise which has had deleterious psychological and physical effects on us. As a cancer patient I need to have rest which is difficult to get here due to the MTA work.

I would like to know if there is grounds for litigation, and if so to find counsel who would be willing to bring a class action suit against the City of New York for damages and mental and physical suffering caused by this construction to the numerous property owners living in the same situation that we are in.