Rodriguez v. New York City Transit Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J), entered October 12, 2011, which granted in part and denied in part defendant New York City Transit Authority’s (NYCTA) motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant the motion as to that portion of the complaint found to allege a claim sounding in respondeat superior, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

The claims arise from an incident on a Queens bound “E” subway train, when plaintiff Rodriguez, while…