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New York Governor Andrew Cuomo warned CSX Corporation that the state will file a lawsuit against it for failing to rebuild a railroad bridge in the Village of Whitesboro, Oneida County.

In his letter to CSX President and CEO James Foote, the governor noted that the company’s actions and omissions, conditions in its property including its faulty bridge design caused public health and safety hazard.

Cuomo demands that CSX immediately replace the railroad bridge

Cuomo told Foote that CSX needs to immediately fix the problems, which “resulted in flooding and property damage.” The governor noted that flooding has become a “common occurrence” in the Village of Whitesboro because of its faulty bridge design.

“Allowing this hazard to remain in the property results in constant safety risk to New York’s residents, damage to homes and properties, cost to property owners…and to the state, county, town and village, all of whom continue to respond to ice debris build up at this location,” according to the governor.

Additionally, Cuomo said the state and respective localities repeatedly discussed the issue with CSX. The company “has not confirmed” that it will replace the bridge.

Piecemeal actions insufficient to fix a chronic problem

The State of New York and respective localities allocated millions of taxpayers’ money to monitor the bridge and implement remediation measures. However, they realized that “piecemeal actions” are not enough to fix the “chronic nature of the problem.”

Furthermore, Cuomo stressed that the company’s failure to replace the bridge or any further delay will constitute a “reckless” and “intentional misconduct.”

In conclusion, the governor told the CSX executive, “This letter supersedes any prior discussions about, or proposals regarding, the underlying facts and circumstances related to this situation. We further instruct you to preserve all documents and information, including emails and electronic documents, relating to this matter…”