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GENOVESE v. NEW YORK CITY TRANSIT AUTH.

204 A.D.2d 116 (1994)

611 N.Y.S.2d 542

Frank Genovese et al., Appellants, v. New York City Transit Authority, Respondent

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

May 10, 1994

Plaintiff's claim that defendant NYCTA was negligent in failing to maintain the lock on an exit near where he was assaulted by unknown persons does not implicate a proprietary function of defendant, and thus the instant action cannot be maintained absent a special relationship between the parties (compare, Miller v State of New York, 62 N.Y.2d 506, with Bardavid v New York City Tr. Auth., 61...

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