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JOHNSON v. NYC TR. AUTH.

7582/99, 3323

88 A.D.3d 321 (2011)

929 N.Y.S.2d 215

2011 NY Slip Op 6402

OPHELIA JOHNSON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

September 1, 2011.

Attorney(s) appearing for the Case

Wallace D. Gossett , Brooklyn ( Lawrence Heisler and Lawrence A. Silver of counsel), for appellant.

Alexander J. Wulwick , New York City, for respondent.

RENWICK and MANZANET-DANIELS, JJ., concur with RICHTER, J.; ANDRIAS, J.P., and FRIEDMAN, J., dissent in part in a separate opinion by FRIEDMAN, J.

OPINION OF THE COURT

RICHTER, J.

On the morning of May 20, 1998, plaintiff, then a 14-year veteran of the New York City Police Department Transit Bureau, was assigned to conduct a Train Order Maintenance Sweep (TOMS) of subway cars entering the 143rd Street station in the Bronx. A TOMS sweep consists of looking into each car of the train and checking for suspicious packages. After the train pulled into the station, plaintiff approached the conductor and...

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