BARNUM v. NEW YORK CITY TRANSIT AUTHORITY


62 A.D.3d 736 (2009)

878 N.Y.S.2d 454

FLORA BARNUM, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided May 12, 2009.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant New York City Transit Authority for summary judgment dismissing the complaint insofar as asserted against it is granted.

On March 2, 2004, a supervisor filling in for the plaintiff's regular supervisor made offensive comments to the plaintiff in the presence of other employees, touched her thigh and, a few minutes later, patted her on the buttocks as she was working. The defendant...

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