Kaplow v. New York City Transit Authority

—Order, Supreme Court, New York County (Louis York, J.), entered September 23, 1996, which granted the motion for defendant NAB Construction Corporation (NAB) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

*250In this negligence action against, among others, NAB, the contractor hired by defendant Transit Authority to perform construction in an area within the Herald Square subway complex, plaintiff, who was attacked and raped in the complex on the landing of a stairwell exit at the end of a passageway, alleged that NAB facilitated the rape by…