Rittenhouse v. A. Star Container Serv

In Rittenhouse v. A. Star Container Serv. (1988 WL 112898 [SD NY, Oct. 17, 1988]), the Port Authority made similar arguments to those made here, seeking summary judgment dismissal on the ground that it had a governmental immunity defense because it was performing a governmental function. The claimed negligence was the Port Authority's alleged failure to maintain the roadway near the site of the accident, in that it knew that the road sign was dangerously low and susceptible to being hit. The United States District Court for the Southern District of New York rejected the Port Authority's immunity arguments, finding that section 7106 "makes it clear that the Port Authority does not enjoy immunity for tortious acts committed while performing governmental functions." (1988 WL 112898 at 2.)