Shernov v. New York City Transit Authority
| Decision Date | 26 January 1981 |
| Parties | Henrietta SHERNOV, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Michelman & Michelman, New York City (Perry S. Reich and Harvey J. Michelman, New York City, of counsel), for appellant.
Helen R. Cassidy, Brooklyn (Eugene Freidus, Brooklyn, of counsel), for respondent.
Before DAMIANI, J. P., and GIBBONS, RABIN and THOMPSON, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, plaintiff appeals (by permission) from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated October 4, 1978, which (1) reversed a judgment of the Civil Court of the City of New York, Kings County entered April 12, 1977, which, after a jury trial, was in favor of the plaintiff in the principal amount of $50,000, and (2) dismissed the complaint.
Order affirmed, without costs or disbursements.
The Appellate Term erred in holding that defendant, a common carrier, had no duty to take reasonable measures to protect plaintiff from injuries inflicted upon her by third persons (see Amoruso v. New York City Tr. Auth., 12 A.D.2d 11, 207 N.Y.S.2d 855; Prinz v. City of New York, 98 Misc.2d 952, 415 N.Y.S.2d 200). The complaint was properly dismissed, however, because plaintiff failed to establish that any breach of such duty by defendant was a proximate cause of her injuries (cf. Evers v. Westerberg, 38 A.D.2d 751, 752, 329 N.Y.S.2d 615, affd. 32 N.Y.2d 684, 343 N.Y.S.2d 361, 296 N.E.2d 257).
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...depend upon the circumstances of each particular situation and the danger reasonably to be anticipated (see, Shernov v. New York City Tr. Auth., 79 A.D.2d 1021, 435 N.Y.S.2d 55, aff'd sub nom. Weiner v. Metropolitan Transp. Auth., 55 N.Y.2d 175, 488 N.Y.S.2d 141, 433 N.E.2d 124, supra; Amor......
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