Raymond Bastien was riding a bus owned by the NYC Transit Authority (NYCTA) when he was viciously attacked and stabbed by a group of unidentified assailants.
After he filed suit against NYCTA and its bus driver in Kings County Supreme Court, NYCTA asked for the case's dismissal citing the lack of a "special relationship" which would have triggered any liability or duty to the passenger.
When that request was denied, NYCTA appealed to the Appellate Division, Second Department, which thought there were unresolved questions whether the driver had called for emergency assistance fast enough.
If Bastien could prove that the driver's delay caused his injuries, the AD2 thought Bastien might be able to recover under an exception to that "special relationship" requirement.
Clink, Clink, Clink ....
To view a copy of the Appellate Division's decision, please follow this link: Bastien v. New York City Tr. Auth.