NEW YORK (CBSNewYork) — An attorney has filed a lawsuit on behalf of two Long Island Rail Road riders, claiming that delays, cancellations and crowding have made for emotional distress for passengers.

After Gov. Andrew Cuomo warned LIRR commuters this would be the “summer of hell,” attorney Paul Liggieri took action.

“At the exact same time that our fares have been increased, our service has decreased,” Liggieri said. “It’s an absolute tragedy and it’s a shame.”

So Liggieri filed a lawsuit Friday on behalf of himself and two Long Island residents claiming breach of contract and emotional distress.

The lawsuit names the Metropolitan Transportation Authority as the defendant, claiming that during the month of May, the LIRR failed to provide any semblance of safety or comfort.

The complaint says the delays and cancellations led to dangerous overcrowding on platforms and overstuffed trains, where some riders had to hide out in bathrooms. The suit in turn said the bathrooms are regularly overflowing with human waste.

Those who brought the suit are looking for reimbursement for their monthly LIRR passes and unspecified damages due to emotional distress.

Liggieri hopes for class action status on behalf of all monthly ticketholders.

“We seek refunds for the increased fares that we have paid, and moreover, we seek answers for the actions that the MTA has taken, or rather, more importantly, has not taken,” he said.

The MTA said it does not comment on pending litigation.