Clinger v. New York City Transit Authority

Sullivan, J. (dissenting).

In this personal injury action against the New York City Transit Authority, plaintiff, mugged and sexually assaulted in the passageway of a subway station by an unknown assailant, alleges that the passageway should have been closed due to the history of violent crime at that location and, further, that the Authority facilitated the incident by its negligent placement of construction materials in the passageway. Apparently, a metal plate had been left standing in a vertical position, thereby creating a secluded area in which the perpetrator was able to commit the…