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EISMAN v. PORT AUTH TR HUDSON

96 Misc.2d 678 (1978)

Betty Eisman, Plaintiff, v. Port Authority Trans Hudson Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

July 24, 1978

Attorney(s) appearing for the Case

Patrick J. Falvey and James P. De Franco, Jr., for defendants. Platzer & Fallick (Kenneth J. Platzer of counsel), for plaintiff.

BENTLEY KASSAL, J.

This is a motion by the defendants pursuant to CPLR 3211 (subd [a], par 7) for an order dismissing the complaint on the ground that it fails to state a cause of action.

ISSUE

May a publicly operated commuter railroad with its own police force be held liable for failing to protect its passengers from criminal acts committed in its station?

FACTS

(1) THE...

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