United States v. New York City Omnibus Corp.

BICKS, District Judge.

In this action by the United States of America for property damage to an army bus allegedly resulting from the negligent operation of defendant’s bus, defendant counterclaims for damage to its vehicle. Plaintiff moves to dismiss said counterclaim contending that the Court lacks jurisdiction to render an affirmative judgment against it on a counterclaim.

The Federal Tort Claims Act, 28 U.S.C. 1346(b), confers jurisdiction on the District Court “of civil actions on claims against the United States, for money damages * * * for injury or loss of property * * * caused by the…