Consolidated Rail Corp. v. Delaware & Hudson Railway Co.

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

This is a diversity action, brought pursuant to 28 U.S.C. § 1332. Plaintiff, Consolidated Rail Corporation (Conrail), has filed a motion for partial summary judgment in the amount of $4,450,533. (plus interest at 6% since December 31, 1982) against defendant Delaware and Hudson Railway Company (D & H). Conrail seeks summary judgment on the ground that D & H failed to make timely payments as required by a Settlement Agreement (Agreement) between the parties and that D & H failed to “cure” the breach within the thirty-day grace period set forth in…