A Bronx man is suing the MTA for allegedly failing to install an elevator at the Middletown Road subway station.

Rodolfo Diaz is one of a group of plaintiffs suing the city’s transit authority for potentially violating the Americans with Disabilities Act.

Diaz, who suffers from spina bifida, a birth defect in which the spinal cord fails to develop properly, struggles to get up the stairs at the 6 train station at Middletown Road and Westchester Avenue.

The 35-year-old says all of his frustration and efforts trying to get up the subway steps could be solved with one simple solution – the installment of an elevator.

The Disability Rights Advocates group representing Diaz says the MTA has spent millions of dollars to renovate the 6 line stop, but has failed to install an elevator for the public.

The U.S. Attorney's Office has since joined the suit against the MTA. Besides people with disabilities, advocates point out that the lack of an elevator also impacts the elderly, people with strollers, small children and those with health problems.