New York Court of Appeals October 13, 1981 (Malerba v. Incorporated Village of Huntington Bay)

OPINION OF THE COURT

Memorandum. .

The order of the Appellate Division should be affirmed, *865with costs, on the memorandum of the Appellate Division. We add only that, assuming that awareness by the police of an impending attack would be sufficient to create a special duty, the affidavit in opposition contains nothing from which such awareness can be inferred and, in any event, because it is by