FALCONE v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


166 A.D.2d 271 (1990)

Robert Falcone, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1990


Plaintiff, who was stabbed in the chest by another passenger while riding a Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) bus, failed to demonstrate the foreseeability of the event which caused the injury. Plaintiff's allegations respecting the bus driver's failure to exercise reasonable care are not sufficient to attribute liability to defendant in light of the unexpected criminal act of a third party, which in this case constitutes a superceding and...

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