Menclewicz v. United States

KNIGHT, Chief Judge.

The Government has moved “to dismiss the cause of action brought by plaintiff Service Fire Insurance Company of New York because the complaint fails to state a claim by that party against defendant upon which relief can be granted on the grounds that the claim of that party exceeds $1,000 and was not brought within two years from the date upon which it accrued, as required by Section 2401, Title 28, U.S.C.”

The complaint does not allege that the claim was reduced from an amount in excess of, to a claim for $1,000, except by inference in paragraph 12 of the complaint that…