Legal Opinion

Steinberg v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2011PublishedCited by 4 opinions

1Opinion of the Court

This negligence action arises out of a criminal assault on plaintiff Michael Steinberg as he entered a subway station. Defendant Tareyton Williams allegedly attacked plaintiff with battery-operated reciprocating saws. He obtained the saws from a site where employees of Five Star (defendant) were performing work on the station’s public address system.

Five Star does not enjoy governmental immunity. First, Five Star is a private contractor (see Matter of S.S. Silberblatt, Inc. v Tax Commn. of State of N.Y., 5 NY2d 635, 641 [1959], cert denied 361 US 912 [1959]). Second, subway construction is…

2Cases cited6 opinions

  1. Bell v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1997
  2. Buckley v. J.A. Jones/GMOAppellate Division of the Supreme Court of the State of New York · 2007
  3. Huerta v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  4. S. S. Silberblatt, Inc. v. Tax CommissionNew York Court of Appeals · 1959
  5. Altro v. ConrailAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by4 opinions

  1. Susko v. 337 GreenwichAppellate Division of the Supreme Court of the State of New York · 2013
  2. Clark v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  3. Clark v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Susko v. 337 GreenwichAppellate Division of the Supreme Court of the State of New York · 2013

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