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STEINBERG v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 5594, 100186/07.

88 A.D.3d 582 (2011)

931 N.Y.S.2d 291

2011 NY Slip Op 7480

MICHAEL STEINBERG et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and FIVE STAR ELECTRIC CORP., Appellant.

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

Decided October 25, 2011.

This negligence action arises out of a criminal assault on plaintiff Michael Steinberg as he entered a subway station. Defendant Tareyton Williams allegedly attacked plaintiff with battery-operated reciprocating saws. He obtained the saws from a site where employees of Five Star (defendant) were performing work on the station's public address system.

Five Star does not enjoy governmental immunity. First, Five Star is a private contractor (see Matter of S.S. Silberblatt...

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