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  5. 55 N.Y.2d 175 (1982)
 

WEINER v. TRANSP. AUTH.

55 N.Y.2d 175 (1982)

Ann G. Weiner, Respondent, v. Metropolitan Transportation Authority, Defendant, and New York City Transit Authority, Appellant. Henrietta Shernov, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1982.

Attorney(s) appearing for the Case

Eugene Freidus, Richard K. Bernard, John A. Murray and Lawrence Heisler for appellant in the first above-entitled action.

Daniel Ross for respondent in the first above-entitled action.

Harvey J. Michelman and Perry S. Reich for appellant in the second above-entitled action.

Eugene Freidus and Richard K. Bernard for respondent in the second above-entitled action.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG taking no part.

MEYER, J.

The New York City 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. That a nongovernmental common carrier would be liable under the same factual circumstances is not determinative of the authority's liability. Its...

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