Najean Builders, Inc. v. Harbor Bay Realty Co.

In view of plaintiff’s informal request for summary judgment on all three of its causes of action, we do not pass upon *581the propriety of whether a defendant may, under answers containing merely general denials, move for summary judgment in plaintiff’s favor upon papers which, in effect, constitute a tender or offer to compromise the litigation (see Civ. Prac. Act, § 177). The parties, however, may to a large extent chart their own procedural course through the courts (Stevenson v. News Syndicate Go., 302 N. Y. 81, 87). There is no dispute that plaintiff rejected the right to receive a…