RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 7506, 105416/10.

95 A.D.3d 412 (2012)

943 N.Y.S.2d 94

2012 NY Slip Op 3370

ROBERTO RODRIGUEZ, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant-Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 1, 2012.


The claims arise from an incident on a Queens bound "E" subway train, when plaintiff Rodriguez, while intervening on behalf of a woman being menaced by another passenger, allegedly assaulted defendant Johnson, the train's conductor, now deceased. Plaintiff was charged with assault in the second degree and obstruction of governmental administration in the second degree, but acquitted of all criminal charges.

Plaintiff brought...

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