In Merced v. City of New York, (75 N.Y.2d 798), although the victim was killed after the police failed to act subsequent to the 911 call, the Court of Appeals refused to retreat from the necessity for establishing "direct contact," held and stated that: Such a relationship cannot be established without proof that the injured party had direct contact with the municipality's agents and justifiably relied to his or her detriment on the municipality's assurances that it would act on that party's behalf ( Kircher v. City of Jamestown, supra, 74 N.Y.2d at 259, 544 N.Y.S.2d 995, 543 N.E.2d 443; Cuffy v. City of New York, supra, 69 N.Y.2d at 260, 513 N.Y.S.2d 372, 505 N.E.2d 937)."