Buckley & Kisseloff v. Feldcos Realty Corp.

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 of an action against a codefendant?

I decide both questions in the affirmative.

In my original decision, I had granted summary judgment to ■plaintiff,…