Brennan v. Fatata

The plaintiffs have sued in this court to recover for personal injuries sustained when their car collided on Griffis Air Force Base with a car owned by the defendant Fatata and driven by the defendant Armstead. The complaint alleges that Armstead was driving with the permission of Fatata and on its face states a cause of action. Before answer, the defendants move to dismiss the complaint on a number of grounds set forth in CPLR 3211 (subd. [a]) all encompassed in their averment that the plaintiffs’ sole remedy is against the United States according to section 2679 of title 28 of the United…