| Singh v Rodney |
| 2006 NY Slip Op 52181(U) [13 Misc 3d 137(A)] |
| Decided on November 21, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants the Port Authority of New York and New Jersey and the City of New York appeal from an order of the Civil Court, New York County (Eileen A. Rakower, J.), entered March 2, 2006, which denied their motion for summary judgment dismissing plaintiff's complaint as against them.
PER CURIAM:
Order (Eileen A. Rakower, J.), entered March 2, 2006, reversed, with $10 costs, and defendants-appellants' motion for summary judgment granted. The Clerk is directed to enter judgment in favor of the moving defendants dismissing the complaint.
Plaintiff, a taxi cab driver, was allegedly assaulted in an unprovoked attack by another cab driver while in line at the "taxi hold lot" at John F. Kennedy International Airport. Summary judgment should have been granted to defendants Port Authority of New York and New Jersey and the City of New York because there is no merit to the claim that these defendants, as owner and lessee, are liable for having failed to supply adequate security. The allocation of security resources at an airport is a governmental, not a proprietary, function for which no liability arises absent a special duty of protection, not present here (see Bonner v City of New York, 73 NY2d 930 [1989]; Gasset v City of New York, 198 AD2d 12 [1993], lv denied 88 NY2d 810 [1996]).
This constitutes the decision and order of the Court.
Decision Date: November 21, 2006