Opinion
October 16, 1990
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
Plaintiff, who was stabbed in the chest by another passenger while riding a Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) bus, failed to demonstrate the foreseeability of the event which caused the injury. Plaintiff's allegations respecting the bus driver's failure to exercise reasonable care are not sufficient to attribute liability to defendant in light of the unexpected criminal act of a third party, which in this case constitutes a superceding and intervening cause relieving defendant from liability as a matter of law. (Marenghi v. New York City Tr. Auth., 151 A.D.2d 272, affd 74 N.Y.2d 822.) Moreover, plaintiff's claim that the bus driver negligently failed to call police was properly rejected in the absence of a special relationship which would create a duty on the part of MABSTOA to provide police protection. (Weiner v Metropolitan Transp. Auth., 55 N.Y.2d 175.)
We have considered plaintiff's remaining arguments and find them to be without merit.
Concur — Rosenberger, J.P., Kassal, Wallach, Smith and Rubin, JJ.