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.