HARLEM — The MTA plans to sue to the city, claiming significant financial loss after a massive blaze under the Metro-North viaduct at an East Harlem garden center in May sparked by flammable materials stored without the proper permits.
The MTA said the city showed “reckless disregard to public safety” by allowing the Urban Garden Center, whose lease is managed by the city’s Economic Development Corporation, to store explosive and flammable substances under the Park Avenue Viaduct.
The agency filed a notice of claim with the city comptroller’s office, which is generally seen as the precursor to litigation, naming both the city and the EDC.
The fire, which started underneath the Metro-North viaduct between E. 117th and E. 118th streets, was accidental and sparked fuel spilling on a hot generator during refueling.
The fire grew when it spread to propane, gas and other flammable chemicals in the storage area, which the city said it held illegally without the proper permits.
The area also held the majority of the business' gardening supplies, such as soil and fertilizers, as well as its office files and a woodworking shop.
"There was more combustible material there than at an outdoor Home Depot center, including propane," an investigative source told DNAinfo back in May.
The MTA claims the city failed “to take the appropriate steps to remedy such dangerous conditions,” according to the notice of claim.
The agency said in the notice of claim that it has yet to determine the financial impact of the fire, but suspects it will continue to “suffer financial damages” as the MTA continues to work to repair the viaduct.
The agency estimates it lost $2.4 million in revenue due to the fire, a figure was lower than expected, according to the agency’s July 2016 committee report. Total ridership loss was about 275,000, the MTA said.
After the blaze, the city implemented new rules called “safety sweeps” to review of all of its properties near critical infrastructure in the city and to review all city-owned properties located under train tracks.
"The city took swift and decisive action in the wake of the fire to set up an inspection regimen that continues to review these areas citywide for violations and fire hazards," said Austin Finan, a spokesman from the mayor's office. "By and large, spaces under train tracks and viaducts are unoccupied by businesses or structures.”
Nick Paolucci, a spokesman for the city's law department, said the city will review the notice of claim.
Representatives for the MTA and the Urban Garden Center did not immediately respond to requests for comment.
