Opinion
May 4, 1998
Appeal from the Supreme County (Bruno, J.).
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., 55 N.Y.2d 175; Oppenheim v. New York City Tr. Auth., 237 A.D.2d 588; Harrell v. New York City Tr. Auth., 221 A.D.2d 591; Alleyne v. New York City Tr. Auth., 208 A.D.2d 666). In addition, even if a special relationship is found to exist, a plaintiff must still establish that the Transit Authority did not exercise reasonable care in protecting him or her under the circumstances (see, Harrell v. New York City Tr. Auth., supra; Alleyne v. New York City Tr. Auth., supra). Here, there are no facts establishing a special relationship and, in any event, the plaintiffs failed to show that the appellant did not exercise reasonable care under the circumstances.
Ritter, J.P., Thompson, Friedmann and Goldstein, JJ., concur.