Appellate Division of the Supreme Court of the State of New York September 1, 2011 (Johnson v. New York City Transit Authority)

lead-opinion

OPINION OF THE COURT

Richter, J.

On the morning of May 20, 1998, plaintiff, then a 14-year veteran of the New York City Police Department Transit Bureau, was assigned to conduct a Train Order Maintenance Sweep (TOMS) of subway cars entering the 143rd Street station in the Bronx. A TOMS sweep consists of looking into each car of the train and checking for suspicious packages.