Opinion
Argued September 3, 1981
Decided October 13, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES A. GOWAN, J.
Edward F. Hayes, III, and Raymond J. Clancy for appellants.
Vincent D. McNamara for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with 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 a person other than the one who spoke to the police, would be insufficient on that question (Zuckerman v City of New York, 49 N.Y.2d 557, 563).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.