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PRENDEVILLE v. UNITED STATES

No. 86 Civ. 740 (WCC).

651 F.Supp. 867 (1986)

Theresa PRENDEVILLE, Individually and as Administratrix of the Goods, Chattels and Credits of John Prendeville, deceased, Plaintiff, v. UNITED STATES of America, the Veterans Administration, Defendants.

United States District Court, S.D. New York.

December 22, 1986.

Attorney(s) appearing for the Case

Lipsig, Sullivan & Liapakis, P.C., New York City, for plaintiff; Arnold Pomeranz, Adrian Klein, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Richard Mark, Asst. U.S. Atty., of counsel.

WILLIAM C. CONNER, District Judge:

Defendants United States of America and the Veterans Administration have moved for an order (1) dismissing plaintiff's first cause of action, for damages arising from injury to John Prendeville, for lack of subject matter jurisdiction due to the untimeliness of plaintiff's complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) (1982) ("FTCA"), and (2) dismissing plaintiff's third cause of action for failure to state...

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