In Mahautiere v. New York City Tr. Auth., the Appellate Division, Second Department affirmed the dismissal of a lawsuit arising from a subway car’s failure to provide adequate air conditioning.
The court held that the defendant established “that its gratuitous provision of air conditioning ‘created no justifiable reliance’ on the part of the plaintiff [citation omitted] and thus, its purported failure to cool the train car on which the plaintiff was riding at the time of the incident did not place her ‘in a more vulnerable position than [she] would have been in had defendant done nothing.'”