Saturday, March 17, 2018 6:48:40 PM
I am not a practicing lawyer in New York so I cannot provide a legal opinion as to the effect of a motion to dismiss a claim.
Logically, if someone were to bring a frivolous law suit against a person or company, the obvious reaction would be to ask to have that claim dismissed.
Logically, if a frivolous lawsuit against a person or company was dismissed, a legitimate claim (or counter claim) would proceed.
The law is not always logical but it is ridiculous to assert that a counter claim would not proceed unless it is withdrawn or dismissed unless you have some credentials to legitimize your assertions.
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