Tangorre v. [Victim]

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff commenced this action in Albany County Supreme Court, alleging that Defendant defamed him when Defendant reported to military authorities that Plaintiff had sexually assaulted her and subsequently spoke about the incident to other members of the military. See Dkt. No. 2-1. The case was removed to this Court pursuant to a Westfall Act certification. The United States now moves for substitution as the named Defendant in this case pursuant to the Westfall Act and to dismiss this case in its entirety. See Dkt. No. 21. For the reasons set forth below, the United States’ motion is denied without prejudice. II. BACKGROUND According to Plaintiff, from June 2015 through May 2022, Plaintiff and Defendant surreptitiously engaged in a consensual sexual affair while both were employed by the New York Army National Guard (“National Guard”). See Dkt. No. 2-1 at

2-4, 19, 21. Plaintiff was married to another woman and was Defendant’s superior. See id. at