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SABAT v. PENNSYLVANIA RAILROAD COMPANY

Civ. No. 14914.

157 F.Supp. 325 (1958)

Adam SABAT, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant and Third-Party Plaintiff, The United States of America, Third-Party Defendant.

United States District Court E. D. New York.

January 6, 1958.

Attorney(s) appearing for the Case

Leo Gitlin, New York City, for plaintiff.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant and third-party plaintiff, by David J. Mountan, Jr., New York City, of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., for the Eastern Dist. of New York, Brooklyn, N. Y., for third-party defendant, by Robert A. Morse, Asst. U. S. Atty., Brooklyn, N. Y.

BYERS, Chief Judge.

The United States, as third-party defendant, moves to dismiss the third-party complaint for failure to state a claim, etc. by reason of limitation (28 U.S.C. § 2401(b)).

The action by the plaintiff against the third-party plaintiff (Pennsylvania Railroad Company) was the subject of a complaint filed November 10, 1954 to which answer was filed December 1, 1954.

The third-party complaint was filed July 19, 1957.

Plaintiff...

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