FISKO v. U.S. GENERAL SERVICES ADMIN.

No. 04 Civ.10065RWS.

395 F.Supp.2d 57 (2005)

Barbara FISKO, Matthew Cardinale, Plaintiffs, v. U.S. GENERAL SERVICES ADMINISTRATION, The United States of America, Defendants.

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

October 17, 2005.


Attorney(s) appearing for the Case

James J. Killerlane, White Plains, NY ( Montgomery J. Delaney, of counsel), for Plaintiffs.

Honorable Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY (Allison D. Penn, Assistant U.S. Attorney, of counsel), for Defendants.


OPINION

SWEET, District Judge.

The defendant the United States of America (the "Government") has moved under Rule 12(b)(1), Fed.R.Civ.P., to dismiss the complaint of plaintiffs Barbara Fisko ("Fisko" or the "Plaintiff") and her husband Matthew Cardinale ("Cardinale"), (collectively, the "Plaintiffs") seeking damages for a fall resulting from a defective sidewalk and drain. For the reasons set forth below, the motion is granted, and the complaint dismissed...

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