Lomtevas v. City of New York

Summary

The Appellate Division, First Department modified an order dismissing claims against the Port Authority of New York and New Jersey arising from a suicide from the George Washington Bridge. The court held that allegations concerning the Port Authority's failure to maintain the bridge's pedestrian walkway and install suicide barriers implicated a proprietary duty to maintain the property in a reasonably safe condition. The complaint was reinstated to the extent it alleged breach of that duty and otherwise affirmed.

Holdings

1. The Port Authority's responsibility for maintaining the guardrail on the George Washington Bridge's pedestrian walkway is a proprietary function rather than a governmental function.
2. The complaint stated a cause of action to the extent it alleged that the Port Authority, as property owner, negligently failed to maintain the George Washington Bridge in a reasonably safe condition by failing to install suicide barriers along the walkways.

Questions Presented

1. Whether the Port Authority's responsibility for maintaining the George Washington Bridge's pedestrian walkway and guardrail was a proprietary rather than governmental function.
2. Whether the complaint stated a cause of action by alleging that the Port Authority negligently failed to maintain the bridge in a reasonably safe condition by failing to install suicide barriers.

Disposition

other