Citation Numbers: 285 A.D. 931, 138 N.Y.S.2d 463
Judges: Callahan
Filed Date: 3/15/1955
Status: Precedential
Modified Date: 10/28/2024
Memorandum by the Court. A party defendant may withdraw its answer and allow judgment to be entered, but we know of no authority for a defendant simply withdrawing from a case except by consent. The orders appealed from should be affirmed, with leave to appellant, if so advised, to move with respect to the pleadings or for judgment on the pleadings or for summary judgment.