In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Q: behavior of which they were aware); Gallo v. Wonderly Co., Inc., 2014 WL 36628, *8 (N.D.N.Y.2014) (a person may be liable under 296 for taking no action to remedy discriminatory behavior); Lewis v. Triborough Bridge and Tunnel Autk, 77 F.Supp.2d 376, 384 (S.D.N.Y.1999) ("the case law establishes beyond cavil that a supervisor's failure to take adequate remedial measures can rise to the level of 'actual participation' under HRL 296(6)") accord Cid v. ASA Institute of Business & Computer Technology, Inc., 2013 WL 1193056, *6 (E.D.N.Y.2013) (failure to investigate complaints of discrimination provides sufficient basis for aiding and abetting liability under New York City Human Rights law) (citations omitted); cf. Morgan v. NYS Atty. Gen. 's Office, 2013 WL 491525, *13 (S.D.N.Y.2013) (<HOLDING>). Defendant also argues that his alleged
Holding statements: (A) recognizing that in this circuit a plaintiff may plead a theory of aiding and abetting liability under the ats (B) holding that plaintiff failed to state a claim for conspiracy pursuant to 1985 for failure to allege a meeting of the minds (C) recognizing aiding and abetting conversion (D) holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position (E) recognizing that the failure to investigate could constitute aid and abetting liability but finding this plaintiff failed to allege that he ever brought the discriminatory conduct to his superiors
A:
(E)