Falcone v. Manhattan

Appellate Division of the Supreme Court of New York

Falcone v. Manhattan

166 A.D.2d 271, 564 N.Y.S.2d 114, 1990 N.Y. App. Div. LEXIS 11921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 16, 1990

StatusPublished

Cited by5 cases

This text of 166 A.D.2d 271 (Falcone v. Manhattan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Falcone v. Manhattan, 166 A.D.2d 271, 564 N.Y.S.2d 114, 1990 N.Y. App. Div. LEXIS 11921 (N.Y. Ct. App. 1990).

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Opinion

Judgment of Supreme Court, Bronx County (Alan Saks, J.), entered February 23, 1990, which dismissed plaintiff’s complaint at the close of plaintiff’s case, and directed that defendant recover $700 costs and disbursements, is unanimously affirmed, without costs.

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 AD2d 272, affd 74 NY2d 822.) Moreover, plaintiff’s claim that the bus driver [272]*272negligently 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 NY2d 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.

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Judgment of Supreme Court, Bronx County (Alan Saks, J.), entered February 23, 1990, which dismissed plaintiff’s complaint at the close of plaintiff’s case, and directed that defendant recover $700 costs and disbursements, is unanimously affirmed, without costs.

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 AD2d 272, affd 74 NY2d 822.) Moreover, plaintiff’s claim that the bus driver [272]*272negligently 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 NY2d 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.

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Bluebook (online)

166 A.D.2d 271, 564 N.Y.S.2d 114, 1990 N.Y. App. Div. LEXIS 11921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falcone-v-manhattan-nyappdiv-1990.

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