DIAZ v. CITY OF NEW YORK


250 A.D.2d 571 (1998)

672 N.Y.S.2d 747

Timothy Diaz, an Infant, by His Mother and Natural Guardian, Maria Ham, et al., Respondents, v. City of New York, Defendant, and New York City Transit Authority, Appellant

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

May 4, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed in its entirety.

It is well established that 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 (see, Weiner v Metropolitan Transp. Auth.,

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