Opinion
December 5, 1994
Appeal from the Supreme Court, Kings County (Bernstein, J.).
Ordered that the order is affirmed, with costs.
The plaintiff sustained serious injuries when she was attacked by a bat-wielding assailant in the Bergen Street station of the "F" train. She had just exited the platform through a one-way carousel and was confronted by a large man carrying a bat, who blocked her way to the staircases through which she could have exited the station. She subsequently commenced this action against the New York City Transit Authority, alleging that it created a trap-like condition for which it could be held accountable.
"The 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 (Weiner v Metropolitan Transp. Auth., 55 N.Y.2d 175)" (Bardavid v New York City Tr. Auth., 61 N.Y.2d 986, 987; Marilyn S. v City of New York, 134 A.D.2d 583, 584-585, affd for reasons stated at App. Div. 73 N.Y.2d 910). There being no allegations that a special relationship existed between the plaintiff and the New York City Transit Authority, the complaint fails to state a cause of action upon which relief could be based, and was properly dismissed (see, Rivera v New York City Tr. Auth., 184 A.D.2d 417; Matter of Crichlow v New York City Tr. Auth., 184 A.D.2d 395; Farber v New York City Tr. Auth., 143 A.D.2d 112, 113; Calero v New York City Tr. Auth., 168 A.D.2d 659). Rosenblatt, J.P., Lawrence, Joy and Krausman, JJ., concur.