Narrative:

On climb out from ewr, ATC gave us a climb clearance to 12000 ft at 250 KTS. Passing colts neck VOR, ATC gave us a left turn to 120 degrees for in trail spacing with traffic over white intersection. Passing around 7700 ft on a 120 degree heading, I noticed the traffic display on TCASII at 12 O'clock position and 1200 ft above at about 3-4 mi. As it was obvious to me that a continued climb into this traffic would cause conflict, I told the first officer, who was hand flying, to shallow out his climb. ATC then called out the traffic as VFR, 12 O'clock position 8900 ft. I told ATC (new york departure) that we saw him on TCASII and were stopping climb to avoid a conflict. He said 'that's approved' or 'ok.' the first officer stopped the climb at 8200 ft. TCASII called out 'traffic, traffic.' as we continued to monitor the VFR traffic, another target appeared at about 1-2 mi behind him, also at 12 O'clock position and 200 ft below our altitude. It appeared on the vsi TCASII display already in yellow (caution) we were quickly being sandwiched between those 2 aircraft. I immediately told my first officer to turn hard right, as I could tell that altitude was of no use. Almost as soon as I said this, ATC told us to turn right to 240 degrees and climb to 12000 ft. The second target (an A319) was now so close that the TCASII commanded 'descend, descend now' (to 1500 FPM down). This was contrary to ATC, but we immediately followed it, as I called ATC and said 'negative, we have an RA to descent. We are going down.' he responded 'roger.' as we were banking hard right, I saw the VFR traffic pass over us and the A319 banking hard left and climbing (?) to avoid us. Closest estimated distance was 1 1/2-2 mi and 200-300 ft. After we cleared the conflict and continued our climb, I asked ATC what went wrong. He vaguely stated he thought we would be able to climb above the VFR traffic before it would become a conflict. This was definitely a very unlucky set of circumstances that led to a close call with 2 aircraft. It highlights again that you should follow the RA and not ATC's instructions.

Google
 

Original NASA ASRS Text

Title: B737-200 CREW HAD LESS THAN LEGAL SEPARATION WITH A VFR ACFT AND AN A-319 IN N90 CLASS E.

Narrative: ON CLBOUT FROM EWR, ATC GAVE US A CLB CLRNC TO 12000 FT AT 250 KTS. PASSING COLTS NECK VOR, ATC GAVE US A L TURN TO 120 DEGS FOR IN TRAIL SPACING WITH TFC OVER WHITE INTXN. PASSING AROUND 7700 FT ON A 120 DEG HDG, I NOTICED THE TFC DISPLAY ON TCASII AT 12 O'CLOCK POS AND 1200 FT ABOVE AT ABOUT 3-4 MI. AS IT WAS OBVIOUS TO ME THAT A CONTINUED CLB INTO THIS TFC WOULD CAUSE CONFLICT, I TOLD THE FO, WHO WAS HAND FLYING, TO SHALLOW OUT HIS CLB. ATC THEN CALLED OUT THE TFC AS VFR, 12 O'CLOCK POS 8900 FT. I TOLD ATC (NEW YORK DEP) THAT WE SAW HIM ON TCASII AND WERE STOPPING CLB TO AVOID A CONFLICT. HE SAID 'THAT'S APPROVED' OR 'OK.' THE FO STOPPED THE CLB AT 8200 FT. TCASII CALLED OUT 'TFC, TFC.' AS WE CONTINUED TO MONITOR THE VFR TFC, ANOTHER TARGET APPEARED AT ABOUT 1-2 MI BEHIND HIM, ALSO AT 12 O'CLOCK POS AND 200 FT BELOW OUR ALT. IT APPEARED ON THE VSI TCASII DISPLAY ALREADY IN YELLOW (CAUTION) WE WERE QUICKLY BEING SANDWICHED BTWN THOSE 2 ACFT. I IMMEDIATELY TOLD MY FO TO TURN HARD R, AS I COULD TELL THAT ALT WAS OF NO USE. ALMOST AS SOON AS I SAID THIS, ATC TOLD US TO TURN R TO 240 DEGS AND CLB TO 12000 FT. THE SECOND TARGET (AN A319) WAS NOW SO CLOSE THAT THE TCASII COMMANDED 'DSND, DSND NOW' (TO 1500 FPM DOWN). THIS WAS CONTRARY TO ATC, BUT WE IMMEDIATELY FOLLOWED IT, AS I CALLED ATC AND SAID 'NEGATIVE, WE HAVE AN RA TO DSCNT. WE ARE GOING DOWN.' HE RESPONDED 'ROGER.' AS WE WERE BANKING HARD R, I SAW THE VFR TFC PASS OVER US AND THE A319 BANKING HARD L AND CLBING (?) TO AVOID US. CLOSEST ESTIMATED DISTANCE WAS 1 1/2-2 MI AND 200-300 FT. AFTER WE CLRED THE CONFLICT AND CONTINUED OUR CLB, I ASKED ATC WHAT WENT WRONG. HE VAGUELY STATED HE THOUGHT WE WOULD BE ABLE TO CLB ABOVE THE VFR TFC BEFORE IT WOULD BECOME A CONFLICT. THIS WAS DEFINITELY A VERY UNLUCKY SET OF CIRCUMSTANCES THAT LED TO A CLOSE CALL WITH 2 ACFT. IT HIGHLIGHTS AGAIN THAT YOU SHOULD FOLLOW THE RA AND NOT ATC'S INSTRUCTIONS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.