Legal Opinion

Gerardi v. Brady

New York Supreme Court

Decided April 30, 1974PublishedCited by 1 opinion

1Opinion of the CourtArthur S. Hirsch, J.

The United States of America, third-party defendant, moves for an order dismissing the third-party complaint pursuant to paragraphs 2 and 7 of subdivision (a) of CPLR 3211 upon the éxpress grounds that this court does not have jurisdiction of the subject matter of the third-party complaint against the United States of America.

The factual background is as follows:

On October 12, 1968 an automobile accident occurred between two automobiles, one owned and operated by the defendants-*12third-party plaintiffs; the other by the United States of America, as a result of which ithe plaintiffs were…

2Cases cited4 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. United States v. Yellow Cab Co.Supreme Court of the United States · 1951
  3. Mary Martinez v. Fred A. Seaton, as Secretary of the Interior of the United States, and the Southern Ute TribeCourt of Appeals for the Tenth Circuit · 1961
  4. McCracken v. Brown & Root, Inc.District Court, W.D. Arkansas · 1951

3Cited by1 opinion

  1. Marcy Realty Co. v. GlassyCivil Court of the City of New York · 1974

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