Fitzgerald v. Alba

MEMORANDUM

COOPER, District Judge.

Pursuant to Rule 56(b), F.R.Civ.P., defendant United States of America moves for summary judgment. Motion granted.

The action is based upon wrongful death of plaintiff’s decedent on March 23, 1963. The material facts are not in dispute. On that day in the early afternoon, the deceased entered upon the United States Coast Guard Base at Saint George, Staten Island, for purposes of a personal and private visit with defendant Alba, who was stationed there but not on duty at the time.

In opposing the instant motion, plaintiff’s counsel states in his affidavit…