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KAUFMAN v. EAGLE LION CLASSICS, INC.

285 A.D. 931 (1955)

Irving Kaufman, as Assignee for the Benefit of Creditors of Films Classics, Inc., Respondent, v. Eagle Lion Classics, Inc., Respondent, et al., Intervener and Interpleaded Defendants, and Chemical Bank & Trust Company, Interpleaded Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 15, 1955.

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.

CALLAHAN, J. (dissenting).

The action involves a dispute over the...

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