Perry v. Murray

This is a motion by the defendants Jeffrey J. Richardson and the New York State National Guard for an order dismissing the complaint in the above-entitled action on the ground that the court has no jurisdiction.

The action on which the instant motion is based arises out of an automobile accident that occurred on February 3, 1974. Defendant Richardson, a National Guardsman, was driving a motor vehicle owned by the New York State National Guard in the course of conducting a specific military mission and following specific military orders. The codefendant Murray is a civilian, driving his…