Kleinworm v. New York City Transit Authority

Full title: LEAH KLEINWORM, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 22, 1997

245 A.D.2d 487 (N.Y. App. Div. 1997)

666 N.Y.S.2d 481

Opinion

December 22, 1997

Appeal from the Supreme Court, Kings County (Jackson, J.).

Ordered that the appeal from the order dated November 14, 1996, is dismissed, as that order was superseded by the order dated July 21, 1997, made upon reargument; and it is further,

Ordered that the order dated July 21, 1997, is affirmed insofar as appealed from; and it is further,

Ordered that the defendant is awarded one bill of costs.

The Supreme Court properly granted the motion of the defendant New York City Transit Authority for summary judgment, as the acts and/or omissions of which the plaintiff complains involved a governmental, rather than proprietary, function, and the plaintiff does not allege that she was owed a special duty by the defendant ( see, Clinger v. New York City Tr. Auth., 85 N.Y.2d 957; Weiner v. Metropolitan Transp. Auth., 55 N.Y.2d 175; Rivera v. New York City Tr. Auth., 184 A.D.2d 417; Farber v. New York City Tr. Auth., 143 A.D.2d 112).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.