BURGANS v. NEW YORK CENTRAL RAILROAD COMPANY


192 F.Supp. 222 (1961)

Sherman BURGANS, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

March 20, 1961.


Attorney(s) appearing for the Case

Seymour M. Rowen, New York City, for plaintiff. Seymour L. Colin, New York City, of counsel.

Gerald E. Dwyer, New York City, for defendant.


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...

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