The letter from plaintiff's attorney dated August 12, 1970 is being treated as an application for reargument, which is granted. There are two issues raised therein: (1) Does a resident defendant have the right to interpose a counterclaim without waiving the affirmative defense of no jurisdiction over the person of the defendant? (2) Does the court have the right to impose discretionary nonstatutory costs as a condition to the discontinuance...
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