Opinion
August 29, 1991
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
Plaintiff Ilah, an assistant principal at Theodore Roosevelt High School in Bronx County, brought this action against defendants to recover damages for injuries sustained when she was sexually assaulted in an unlocked book room by an unknown armed assailant.
Contrary to plaintiff's contentions, the allegations in the complaint, as amplified in the bill of particulars and testimony before trial, do not arise from defendants' failure to fulfill their proprietary duties but rather arise from defendants' exercise of their governmental function (see, Bonner v City of New York, 73 N.Y.2d 930). Since the IAS Court had previously determined in an order dated October 28, 1987, that plaintiffs had failed to make out a claim for breach of special duty by defendants in a governmental capacity, the dismissal of the remaining claims in the complaint was appropriate.
We have considered plaintiff's other contentions and find them to be without merit. (See, McIvor v Di Benedetto, 121 A.D.2d 519, 522; Freeze Right Refrig. Air Conditioning Servs. v City of New York, 101 A.D.2d 175, 180.)
Concur — Milonas, J.P., Ellerin, Ross and Rubin, JJ.