RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY

6101, 105416/10.

90 A.D.3d 552 (2011)

934 N.Y.S.2d 418

2011 NY Slip Op 9190

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

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

Decided December 20, 2011.


Plaintiff alleges that while he was a passenger on the subway, he witnessed an individual threatening a woman. When he reported this to defendant Johnson, who was the conductor, Johnson took no action. The individual continued threatening the woman, which prompted plaintiff to pull the emergency cord on the subway car. Johnson then called the police and according to plaintiff, when the police responded, Johnson falsely told them that plaintiff had punched and kicked him....

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