Application by defendant for reargument of a motion to resettle an order of this court dated April 11, 1958.
Plaintiff argues that there is presently no action pending between the parties hereto; that as a matter of right, by notice dated April 7, 1958, it voluntarily discontinued this cause pursuant to rule 301 (subd. 1, par. [a]) of the Rules of Civil Practice before service of...
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