On a collection case,  the complaint states a sum due but the attachments (wire transfer memos) do not match the amount sought. This error was not realized until now.  In the interim plaintiff’s counsel moved for summary Judgment on the amount stated in complaint.  Defense counsel opposed motion  - not really on the amount but on the other evidentiary issues. 

Plaintiff wants to withdraw the SJ motion and move to amend complaint.  Can he simply withdraw the motion for SJ? Or does it require court permission and/or a stip signed by all counsel?

Email responses only please.   Thanks in advance !

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