152 Misc. 2d 133 | N.Y. App. Term. | 1992
OPINION OF THE COURT
Judgment entered March 8, 1991, reversed on the law, with $30 costs, and the complaint is dismissed.
We reverse the judgment entered in plaintiff’s favor. Providing security in public schools is a governmental, not proprietary, function, and before a municipality may be held liable for the negligent exercise of a governmental function plaintiff must prove the existence of a special duty based upon a direct promise by the municipality and justifiable reliance thereon (Kircher v City of Jamestown, 74 NY2d 251; Bonner v City of New York, 73 NY2d 930). As there has been neither allegation nor proof of the establishment or existence of such special duty in this case, the complaint must be dismissed.
Riccobono, J. P., Parness and Miller, JJ., concur.