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IRELAND v. SUFFOLK COUNTY OF NEW YORK

No. CIV.00-2412 DRH MLO.

242 F.Supp.2d 178 (2003)

Cynthia Hamlin IRELAND, Plaintiff, v. SUFFOLK COUNTY OF NEW YORK, John and Jane Does 1 Through 10, Defendants. Suffolk County Of New York, Third-Party Plaintiff, v. THE United States of America, the State of New York, George E. Pataki, Environmental Conservation of the State of New York, John P. Cahill, individually and as Commissioner of the Department of Environmental Conservation of the State of New York, Alexander F. Treadwell, individually and as New York Secretary of State, Fred Naffer, individually and as Director of the Flood Protection Bureau of the Department of Environmental Conservation of the State of New York, William Daly, individually and as Section Chief of Coastal Flooding and Erosion, Third-Party Defendants.

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

January 22, 2003.

Attorney(s) appearing for the Case

Gary E. Ireland, New York City, Saul L. Glass, White Plains, NY, for Ireland.

Lewis, Johs, Avallone, Aviles & Kaufman, LLP, Melville, NY by Deborah A. Aviles, Christine Malafi, Esq., for Suffolk County.

Roslynn Mauskopf, Central Islip, NY by Charles P. Kelly, Charles S. Kleinberg, for the Eastern District of New York.

MEMORANDUM & ORDER

HURLEY, District Judge.

Plaintiff seeks damages and injunctive relief against Suffolk County for the allegedly negligent design, installation and maintenance of stone groins on the beach near to her home. The United States, a third-party defendant in the action, filed a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction. The United States argues that its conduct falls within 28 U.S.C. § 2680(a), an...

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