Summary
In Nicolosi v City of New York (224 A.D.2d 505), where the call to the police was similarly placed by a security central monitoring service for a business establishment, the Second Department held that the injured party failed to establish the municipality's assumption, by word or deed, of a duty to act on her behalf.
Summary of this case from Hancock v. City of New YorkOpinion
February 13, 1996
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff, an employee of a retail store, seeks to recover damages from the City of New York for personal injuries sustained as a result of an assault by robbers at the store. The City cannot be held liable for injuries sustained by the plaintiff absent a showing that it owed a special duty to her (see, Kircher v. City of Jamestown, 74 N.Y.2d 251; Cuffy v. City of New York, 69 N.Y.2d 255). The plaintiff failed to establish that the City, by words or actions, assumed a duty to act on her behalf (cf., De Long v. County of Erie, 60 N.Y.2d 296). Accordingly, the Supreme Court properly granted the City's motion for summary judgment dismissing the first and second causes of action. Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.