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New York and MTA Sue in Federal Claims Court to Unfreeze Second Avenue Subway Funds

Payments withheld since October now threaten the award of the next excavation contract for East Harlem stations.

Overview

  • The lawsuit seeks release of nearly $60 million in reimbursements tied to Phase 2 of the Second Avenue Subway extension to 125th Street.
  • New York and the MTA argue the federal government breached a funding agreement and risk delaying the $7 billion project by blocking contract awards at 106th and 125th streets.
  • The U.S. Department of Transportation halted reimbursements in October during a review of the MTA’s compliance with minority- and women-owned business contracting rules.
  • Gov. Kathy Hochul and MTA Chair Janno Lieber publicly backed the filing and cited recent court orders restoring Gateway Tunnel funding as supportive precedent.
  • About $3.4 billion of the project’s budget is expected from the federal government, and the MTA says it has answered DOT questions while reimbursements remain frozen.