Goodman v. Solow

Order entered October 25, 1966, unanimously reversed, on the law, and the facts, without costs or disbursements, the motion and cross motion denied without prejudice, and the matter remanded for service of pleadings. A jurisdictional objection raised by a defendant is preserved though coupled with a defense on the merits and is not lost because also joined with a counterclaim reflecting the same issues as the defense. (Katz & Son Billiard Prods, v. Correale & Sons, 26 A D 2d 52.) A jurisdictional challenge may be lost, however, where counterclaims are joined with cross claims against…