Practice point: When defendant files an answer only after the court denies the motion to dismiss for lack of personal jurisdiction, defendant does not waive that defense by asserting unrelated counterclaims.
Practitioners should note that affidavits may be used to preserve potentially meritorious claims, even if inartfully pleaded.
Case: Finkelstein Newman Ferrara LLP v. Manning, NY Slip Op 08470 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
