Opinion
January 27, 1986
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Judgment affirmed, with costs.
Frances Ferrara, a Board of Education employee, seeks to recover damages for personal injuries sustained as a result of an assault by an intruder in her office at Public School 63 in Ozone Park, Queens. Defendant cannot be held liable for the injuries sustained by plaintiff Frances Ferrara in this matter absent a showing that it owed a special duty to her (see, e.g., Vitale v City of New York, 60 N.Y.2d 861, rearg denied 61 N.Y.2d 759; Glick v City of New York, 53 A.D.2d 528, affd 42 N.Y.2d 831). There is ample support in the record for Trial Term's determination that there was no demonstration that the stationing of a security guard at the school's entrance was intended specifically for her benefit or that it established the existence of a special duty on the part of defendant for her protection (see, Miller v State of New York, 62 N.Y.2d 506, 510; Vitale v City of New York, supra; Corcoran v Community School Dist. 17, 114 A.D.2d 835; Anilyan v Board of Educ., 115 A.D.2d 515). Furthermore, plaintiffs' failure to present any evidence of prior criminal acts in the building and the absence of reasonable steps taken by defendant to minimize the foreseeable danger was fatal to their claim (see, Nallan v Helmsley-Spear, Inc., 50 N.Y.2d 507, 518-519).
We have reviewed plaintiffs' remaining contentions and find them to be without merit. Lazer, J.P., Thompson, Weinstein and Niehoff, JJ., concur.