Opinion
November 4, 1993
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Plaintiffs' decedent died of injuries he received when a heavy object was thrown by an unknown person from the roof of the Port Authority Bus Terminal, a restricted area. There is no merit to plaintiffs' argument that defendants, as proprietors of the premises, are liable for having failed to supply adequate security. As the IAS Court held, the maintenance and operation of the Port Authority Bus Terminal, including provision for security on the premises, is a governmental, not a proprietary, function for which no liability arises absent a special duty of protection (Bonner v City of New York, 73 N.Y.2d 930; Marilyn S. v City of New York, 73 N.Y.2d 910, affg 134 A.D.2d 583; Farber v New York City Tr. Auth., 143 A.D.2d 112, 113, citing Weiner v Metropolitan Transp. Auth., 55 N.Y.2d 175, 182). There being no such special duty here, the complaint was properly dismissed (Monaghan v Port Auth., Sup Ct, N Y County, Apr. 25, 1988, Lehner, J., index No. 40281/88, affd 143 A.D.2d 323, lv denied 73 N.Y.2d 704).
Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Kassal, JJ.