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This is a research project for a seasoned legal researcher based on the following:
Pursuant to New York CPLR, A Defendant served an answer with affirmative defenses and counterclaims upon plaintiff, Including an affirmative defense for lack of personal jurisdiction/improper service.
Plaintiff then answered with several affirmative defenses and denial to the counterclaims.
Defendant now noticed that he possibly not challenge service due to a decision from the Court of appeals that once he pleaded counterclaims, he cannot challenge jurisdiction.
Defendant however is still within the time limits of CPLR 3025(a) to amend his pleadings without leave of the court since plaintiff served his reply papers less then 20 days ago.
Defendant is considering amending his answer to remove all counterclaims and is wondering whether this is sufficient to invoke improper service.
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