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ROHMAN v. NEW YORK CITY TRANSIT AUTHORITY

295 A.D.2d 333 (2002)

742 N.Y.S.2d 911

ANDREW M. ROHMAN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant, and CARMEN J. BIANCO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 3, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court was not obligated by the doctrine of the law of the case to follow a determination of the United States Court of Appeals for the Second Circuit that the plaintiff failed to establish the elements of a federal constitutional claim pursuant to 42 USC § 1983 against the defendant Carmen J. Bianco (see Rohman v New York City Tr. Auth., 215 F.3d 208

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