Burgans v. New York Central Railroad

SUGARMAN, District Judge.

Plaintiff moves “for an order striking out defendant’s answer and directing the entry of summary judgment in favor of the plaintiff upon the cause of action set forth in the complaint * * *.”

The motion is denied.

1. Neither party has complied with General Rule 9(g) of this court.

2. If the motion is intended as one for summary judgment on the whole claim, the nature and extent of plaintiff’s injuries cannot be determined and evaluated on this motion.

8. If the motion is intended as one for an interlocutory summary judgment on the issue of liability under F.R. Civ.P.…