Wolff v. City of New York

Full title: ROBERT WOLFF, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 8, 1993

190 A.D.2d 732 (N.Y. App. Div. 1993)

593 N.Y.S.2d 83

Opinion

February 8, 1993

Appeal from the Supreme Court, Queens County (Nahman, J.).

Ordered that the order is affirmed, with costs.

The plaintiff, an employee of the Department of Sanitation, seeks to recover damages for personal injuries sustained as a result of an assault by an intruder in the Department of Sanitation Headquarters in Maspeth Queens where he was employed as a night watchman. The defendant cannot be held liable for injuries sustained by the plaintiff absent a showing that it owed a special duty to him. There was no allegation that the defendant, by words or actions assumed a duty to act on his behalf (see, Cuffy v City of New York, 69 N.Y.2d 255, 260). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.