...No Special Duty...

From the Good Professor we learn:

A man who was brutally stabbed by Brooklyn subway slasher Maksim Gelman two years ago had his negligence case against the city dismissed in court yesterday, despite the fact that two transit officers had locked themselves in a motorman’s car only a few feet from him at the time of the attack.

Gelman stabbed Joseph Lozito in the face, neck, hands and head on an uptown 3 train in February 2011, after fatally stabbing four people and injuring three others in a 28-hour period. Lozito, a father of two and an avid martial arts fan, was able to tackle Gelman and hold him down, and Gelman was eventually arrested by the transit officers. Lozito sued the city, arguing that the police officers had locked themselves in the conductor’s car and failed to come to his aid in time.

The city, meanwhile, claimed that the NYPD had no “special duty” to intervene at the time, and that they were in the motorman’s car because they believed Gelman had a gun.

No special duty. Sounds alot like the finding in Warren v Distict of Columbia, which NBfPB readers should be familiar with.