B737-800
Flight Crew Air Transport Pilot (ATP)
Situational Awareness
ATC Issue All Types; Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude
Flight Crew FLC complied w / Automation / Advisory; Flight Crew Took Evasive Action
Human Factors
After takeoff Runway 13R at JFK; heading 070; leveling at 8000 feet in IMC conditions; we received a traffic alert from NY TRACON of a Cirrus 12 o/clock westbound at 8500 feet. We were IMC in about a 500 foot thick cloud layer. Immediately afterwards TCAS issued a 'descend; descend' and a rapid descent to approx. 7200 feet was done as the other aircraft passed right over us (targets on TCAS merged) with TCAS indicating the other target approx. 1000 feet above us. After TCAS conflict cleared we continued our climb uneventfully. Since we were IMC we never visually saw the other aircraft.ATC should have vectored us 10 degrees left or right; instead of head-on; or; had us level off at 7000 FT instead of 8000 FT; a mere 500 FT below oncoming VFR traffic.
B737-800 First Officer reported receiving a RA shortly after takeoff from JFK from a small aircraft about 500 FT above them.