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  5. 12 F.Supp.2d 269 (1998)
 

DEVITO v. U.S.

No. 95-CV-2349 (JS).

12 F.Supp.2d 269 (1998)

Thomas DEVITO, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. New York.

March 30, 1998.

Attorney(s) appearing for the Case

John J. O'Connell, Solomon, Zauderer, Ellenhorn, Frischer & Sharp, New York City, for Plaintiffs.

Charles P. Kelly, Charles S. Kleinberg, United States Attorney's Office, Eastern District of New York, New York City, for Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

SEYBERT, District Judge.

On September 5, 1997, Magistrate Judge Joan Azrack issued a report and recommendation on defendant's motion to dismiss the above-captioned action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2674 (the "FTCA"). After converting the motion to one for summary judgment, Magistrate Azrack recommended that the Court grant defendant's motion and dismiss this action for...

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