Opinion
January 8, 1990
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
The plaintiff, who was lawfully present in the parking lot at a shopping mall, was injured during the course of a physical confrontation with the defendant Steven Wu. A security guard, armed only with a "walkie-talkie" for communication with fellow employees and whose employer had agreed to provide the mall owners with "guard service", refused to intervene. The plaintiff brought this action, inter alia, to recover damages from the security guard and the security guard's employer for his injuries. However, since there was no common-law duty on the part of these defendants to protect the plaintiff and since the contract between the mall owners and the security guard's employer contains no expression of intent to confer a contractual benefit on the plaintiff as a member of the general public, the Supreme Court properly granted summary judgment to these defendants (see, Haigler v City of New York, 135 A.D.2d 362; Bernal v. Pinkerton's, Inc., 52 A.D.2d 760, affd 41 N.Y.2d 938). Thompson, J.P., Lawrence, Kunzeman and Harwood, JJ., concur.