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 ! LAW OFFICES OF MARY MIHALAKOS MARTUSCELLO Note: New Mailing Address 30 WALL STREET, 8TH FLOOR NEW YORK, NEW YORK 10005 TEL: 212 267 7944 FAX: 888 852 8656 CELL: 212 385 9424 EMAIL: mary@martuscellolaw.com
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Mary Martuscello