Bardavid v. New York City Transit Authority

OPINION OF’THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Transit Authority owes no duty to protect a person on its premises from assault by a third person absent facts establishing a special relationship between the Authority and the person assaulted (Weiner v Metropolitan Transp. Auth., 55 NY2d 175). By installing an electric sign to inform prospective passengers of the arrival of the elevator to take them down to the subway platform, the Transit Authority assumed no special duty to plaintiff; moreover, plaintiff’s descent into the alcove giving…