Gilbert v. Burnstine

Plaintiff moves for judgment on the pleadings under rule 112 of the Rules of Civil Practice, and defendants by counter motion move for judgment on the pleadings in their favor and to strike out as sham part of plaintiff’s reply. The pleadings before the court are the amended complaint, answer and reply served by direction of the court. Plaintiff instituted an arbitration proceeding in London, England, in which the defendants failed to appear pursuant to process and notices served in New York. The arbitration proceeded in their absence and resulted in a money award in favor of plaintiff.…