The Metro-North engineer behind the controls during a deadly derailment in 2013 is now taking the commuter railroad to court.
Thursday marked three years since William Rockefeller fell asleep at the controls of the Hudson Line train.
It was traveling more than 80 mph along a curve near Spuyten-Duyvil when it derailed, killing four people
Investigators later determined Rockefeller suffered from undiagnosed sleep apnea and had just changed work shifts.
In a new $10 million lawsuit, Rockefeller says Metro-North should have been equipped with positive train control, a system that automatically applies the brakes when the train exceeds certain speed limits.
He also says his cab should have been equipped with an audible alert system to let him know the train was speeding.
The MTA says it does not comment on pending ligitation.