In Crosland v. New York City Tr. Auth. (68 N.Y.2d 165 [1986]), the Court of Appeals looked again at Weiner and clarified that "Weiner did not . . . absolve publicly owned common carriers from liability for assaults on their passengers by third parties in all cases." (Id. at 169.) In Crosland a student was beaten to death by a group of teens at a train station. The Court found that the Transit Authority could be held liable, because the complaint alleged that the Authority's employees had watched the beating from a position of safety, but failed to summon aid. This the Court found actionable, and outside the boundaries of the policy-based immunity established in Weiner. (Crosland v. New York City Tr. Auth., 68 N.Y.2d at 170.)