Two riders say they will sue the MTA after experiencing the G train derailment on the evening of Sept 10, 2015 near the Hoyt-Schermerhorn station in downtown Brooklyn.
Two wheels from the first car came off the tracks after the train struck part of a tunnel wall that had become dislodged.
Along with Attorney Sanford Rubenstein, they're also calling into question the conditions in the system.
A "Notice of Claim" was filed against the MTA for personal and permanent injuries and pain and suffering. According to paperwork, each one is seeking $2 million.
Neither the MTA nor the NYC Law Department will comment on pending litigation.
There is a lot of back and forth between elected officials about who's going to cover about $3 billion in costs for the upcoming Capital Plan, which covers maintenance and improvement projects.
After the G train derailment, MTA Chairman Tom Prendergast issued a statement explaining the MTA and regional partners invested the $100 billion into rebuilding the system in the past 30 years.
"Our customers expect us to continually renew, enhance and expand the network," Prendergast said in the statement. "Unfortunately, the regional consensus that has rebuilt the MTA is fraying."
MTA officials have always said repairs get first priority and expansion projects would be reduced if the funding is not agreed to by the stakeholders. NY Governor Cuomo says the state will add an additional $8 billion. NYC Mayor Bill de Blasio says the city has increased its contribution and will not hand over $3 billion or more without discussing the projects.