Leader v. Leader

Plaintiff moves for summary judgment, defendant cross-moves for similar relief and plaintiff further moves to amend her complaint by adding an additional cause of action. On the return day of the motions plaintiff requested leave to withdraw her motion for summary judgment. A moving party has the absolute right prior to final submission to withdraw a motion (Oshrin v. Gelanese Corp. of America, 37 N. Y. S. 2d 548, affd. 265 App. Div. 923, affd. 291 N. Y. 170). Accordingly, plaintiff’s motion for summary judgment is deemed withdrawn.

The action is for a declaratory judgment that plaintiff is…