Opinion
June 24, 1991
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contentions, the record demonstrates that the accident which caused the injuries occurred within the geographic confines of the Town of Southampton, and not in the Incorporated Village of Westhampton Beach (hereinafter the Village). Accordingly, the Village owed the plaintiffs no duty of care to maintain that section of the road on which they were injured. Furthermore, the record is devoid of any proof that the Village assumed any duty to insure the plaintiffs' safety beyond its borders or that any special relationship existed giving rise to any special duty (see, Sostre v City of New York Hous. Auth., 150 A.D.2d 766; Bishop v Bostick, 141 A.D.2d 487). Thus, there can be no liability on the part of the Village predicated upon its alleged negligence in the performance of its governmental duties (see, Merced v City of New York, 75 N.Y.2d 798; Isaksson v Rulffes, 135 A.D.2d 611; Browne v Town of Hempstead, 110 A.D.2d 102). Thompson, J.P., Kunzeman, Miller and O'Brien, JJ., concur.