Queens residents are suing the MTA for failing to protect them from peeling lead paint on the elevated tracks of the 7 line, which they say rains down on pedestrians, property and businesses below, according to a lawsuit filed Monday.
Plaintiffs of the class action lawsuit include Jackson Heights residents and their children, a day care chain owner, and the owner of the neighborhood’s popular gay club, Club Evolution, according to Kate Foran, the attorney representing the group.
One plaintiff, Dudley Stewart, lives 500 feet from the elevated track on 80th Street in Jackson Heights and fears for the safety of his two children, ages 12 and 8, Foran said.
“His kids are there all the time,” she said. “It’s a scary situation.”
The first elevated structures on the Flushing line were built before June 1915 and were painted with lead-based paint, according to the complaint. And the tracks have been poorly maintained ever since, it adds.