Chorbajian v. Pan American World Airways, Inc.

S.D. New York

Chorbajian v. Pan American World Airways, Inc.

19 F.R.D. 321, 1956 U.S. Dist. LEXIS 4240

CourtDistrict Court, S.D. New York

DecidedSeptember 26, 1956

StatusPublished

Cited by2 cases

This text of 19 F.R.D. 321 (Chorbajian v. Pan American World Airways, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chorbajian v. Pan American World Airways, Inc., 19 F.R.D. 321, 1956 U.S. Dist. LEXIS 4240 (S.D.N.Y. 1956).

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Opinion

SUGARMAN, District Judge.

The plaintiffs’ motion for judgment on the pleadings in their favor, presumably made under F.R.Civ.P. 12(c), 28 U.S. C.A. or in the alternative for partial summary judgment, presumably made under F.R.Civ.P. 56(d) (which movants have themselves variously characterized as a “motion declaring the defendant’s liability” and as a quest for “a definitive decision on the limited questions of civil liabilty”) is denied for the same reasons that this court denied a similar motion in United States v. Copacabana, Inc., D.C.S.D.N.Y., 17 F.R.D. 297.

To enlarge upon what was there said, I can see no gainful result in piecemeal-adjudication of this cause. Even were I to hold that plaintiffs have the partial relief sought, a trial of the amount of damages due each plaintiff would still have to be held. The judge presiding thereat should not be confined by' the [322]*322findings of fact which I would be required to make if this motion were granted. Such confinement would necessarily flow from the last sentence of F. R.Civ.P. 56(d).

Adequate relief in narrowing the issues may be obtained by pre-trial. I am indisposed to substitute partial summary judgment for that process.

It is so ordered.

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SUGARMAN, District Judge.

The plaintiffs’ motion for judgment on the pleadings in their favor, presumably made under F.R.Civ.P. 12(c), 28 U.S. C.A. or in the alternative for partial summary judgment, presumably made under F.R.Civ.P. 56(d) (which movants have themselves variously characterized as a “motion declaring the defendant’s liability” and as a quest for “a definitive decision on the limited questions of civil liabilty”) is denied for the same reasons that this court denied a similar motion in United States v. Copacabana, Inc., D.C.S.D.N.Y., 17 F.R.D. 297.

To enlarge upon what was there said, I can see no gainful result in piecemeal-adjudication of this cause. Even were I to hold that plaintiffs have the partial relief sought, a trial of the amount of damages due each plaintiff would still have to be held. The judge presiding thereat should not be confined by' the [322]*322findings of fact which I would be required to make if this motion were granted. Such confinement would necessarily flow from the last sentence of F. R.Civ.P. 56(d).

Adequate relief in narrowing the issues may be obtained by pre-trial. I am indisposed to substitute partial summary judgment for that process.

It is so ordered.

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19 F.R.D. 321, 1956 U.S. Dist. LEXIS 4240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chorbajian-v-pan-american-world-airways-inc-nysd-1956.

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