Opinion
January 26, 1998
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Ardsley Union Free School District and substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant Ardsley Union Free School District payable by the respondents.
On December 18, 1992, 34-year-old Thomas Manning visited Ardsley Union Free School District (hereinafter Ardsley) to watch his brother, a member of the Sacred Heart High School Junior Varsity basketball team, play against Ardsley. After the game, an altercation erupted in the Ardsley parking lot during which Manning was allegedly beaten by several Ardsley students including 14-year-old Angelo Morano. Thereafter, Manning and his wife commenced this personal injury action against Ardsley and Morano's parents.
It is well settled that the "provision of security against physical attacks by third parties * * * is a governmental function * * * and that no liability arises from the performance of such a function absent a special duty of protection" ( Bonner v. City of New York, 73 N.Y.2d 930; see also, Vitale v. City of New York, 60 N.Y.2d 861; Ruchalski v. Schenectady County Community Coll., 239 A.D.2d 687; Krakower v. City of New York, 217 A.D.2d 441; Thomas v. City of New York, 214 A.D.2d 724; Lasker v. City of New York, 194 A.D.2d 646; Marilyn S. v. City of New York, 134 A.D.2d 583). The gravamen of the plaintiffs' claims against Ardsley is that it failed to provide proper security against attacks by third parties. However, the plaintiffs have not established that Ardsley owed them any such special duty of protection. Thus, there can be no legal basis for judgment in the plaintiffs' favor ( see, Ruchalski v. Schenectady County Community Coll., supra; Rashed v. State of New York, 232 A.D.2d 394; Krakower v. City of New York, supra; Perry v. Board of Educ., 189 A.D.2d 939).
The contentions of the defendants Michael Morano and Victoria Morano are without merit.
O'Brien, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.