Consolidated Rail Corp. v. Sobiech

MEMORANDUM & ORDER

EDELSTEIN, District Judge:

Plaintiff, Consolidated Rail Corporation (“Conrail”), in this action seeks payment of freight charges for 26 shipments of onions. Defendant Ted Sobiech (“Sobiech”), the consignee of the shipments, has counterclaimed for damage or loss with respect to certain shipments. Plaintiff seeks an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting (1) partial summa ry judgment with respect to certain counterclaims on the ground that they are barred as a matter of law under the pertinent contracts of carriage; and (2) summary judgment…