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MELENDEZ v. NEW YORK CITY TR. AUTH.

Index No. 159390/13. Appeal No. 15764. Case No. 2021-02852.

204 A.D.3d 542 (2022)

167 N.Y.S.3d 74

2022 NY Slip Op 02628

Tulani Melendez, Respondent, v. New York City Transit Authority et al., Appellants.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Schoeman Updike Kaufman & Gerber LLP, New York ( Beth L. Kaufman , of counsel) for appellants.

Schwartz Perry & Heller LLP, New York ( Brian Heller , of counsel) for respondent.

Concur— Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

The record does not demonstrate conclusively that there is no basis upon which to impute liability to defendants for their employee Tony Aiken's misconduct (see Administrative Code of City of NY § 8-107[13][b]). Issues of fact exist as to whether Aiken had managerial or supervisory responsibility over other employees. Although Aiken did not have the authority to hire or fire employees and his official role was nonsupervisory...

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