Lomtevas v. The City of New York

2021 NY Slip Op 06953

Vera A. Lomtevas, Individually and as the Administrator of the Estate of Daniel Lomtevas, Plaintiff-Appellant, v. The City of New York, et al., Defendants, The Port Authority of New York and New Jersey, Defendant-Respondent.

Appeal No. 14828 Case No. 2020-02926

Index No. 450869/18

Supreme Court of New York, First Department

December 14, 2021

Vera A. Lomtevas, appellant pro se.

The Port Authority Law Department, New York (Karla Denalli of counsel), for respondent.

Before: Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

Order Supreme Court, New York County (Lisa A. Sokoloff, J.) entered October 22, 2019, which granted the motion of defendant The Port Authority of New York and New Jersey to dismiss the complaint and the cross claims as against it unanimously modified, on the law, the complaint as against the Port Authority reinstated, to the extent that plaintiff alleges that the Port Authority breached its duty to maintain the George Washington Bridge in a reasonably safe condition and otherwise affirmed, without costs.

Plaintiff's decedent died by suicide when he jumped from the George Washington Bridge (GWB), which is owned and operated by the Port Authority. Contrary to the Port Authority's contention that the complaint is addressed to actions taken in its governmental capacity, both this Court and the Second Department have recently held, in cases involving similar facts, that the Port Authority's responsibility for maintaining the guardrail on the pedestrian walkway over the Bridge is a proprietary function rather than a governmental function ...