Opinion
December 31, 1990
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs' contentions, their claim that the defendant the New York City Transit Authority was negligent in failing to lock a subway platform gate, as it had previously done, thus allowing the injured plaintiff's assailant to enter a secluded area, where she was assaulted, did not involve a proprietary function of the defendant (see, Weiner v. Metropolitan Transp. Auth., 55 N.Y.2d 175; see also, Bonner v. City of New York, 73 N.Y.2d 930; Miller v. State of New York, 62 N.Y.2d 506; Farber v. New York City Tr. Auth., 143 A.D.2d 112). Thus, absent a special relationship between the plaintiffs and the defendant, the instant action against the defendant was barred (see, Bonner v. City of New York, supra; Miller v. State of New York, supra). Bracken, J.P., Kooper, Miller and Ritter, JJ., concur.