Practice point: The Transit Authority owes no duty to protect against a third-person assault, absent a special relationship between Transit and the person assaulted.
Students should note that, to establish a special relationship, there must be evidence of justifiable reliance on Transit's affirmative undertaking to act on plaintiff's behalf.
Case: Frazier v. MABSTOA, NY Slip Op 06229 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
