United States District Court, E.D. New York
February 20, 2004.
ROBERT WARMSLEY, Plaintiff, -against- NEW YORK CITY TRANSIT AUTHORITY, Defendant
The opinion of the court was delivered by: NINA GERSHON, District Judge
The defendant New York City Transit Authority has filed objections to
the Report and Recommendation of Magistrate Judge Lois Bloom dated
November 25, 2003, which recommends that defendant's motion for summary
judgment be denied and that plaintiff's motion for summary judgment on
the issue of liability be granted. I have reviewed the objections, to
which plaintiff has responded, under the de novo standard of
review required by Rule 72(b) of the Federal Rules of Civil Procedure.
Based upon that review, I now adopt the Report and Recommendation in
its entirety. Judge Bloom addressed the factual and legal issues
presented in a thorough and thoughtful way, and I agree fully with her
analysis and conclusions. Defendant's motion for summary judgment is
denied. plaintiff's motion for summary judgment on liability is granted.
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