I have filed my answer and Affirmative Defenses, as guided with ParkerGPT. ParkerGPT is now suggesting that I file a motion to dismiss in NY for improper service and service defects, as well as serve discovery and send a settlement letter all within a short time of each other. It is my understanding that discovery is paused while I request this motion. I am getting differing advice as to why this could or could not be beneficial. The Plaintiff can technically refuse to answer, and will also be aware of my strategy. I will add the other side made some mistakes like e-filing 2 contradicting affidavits of service simultaneously. Does anyone understand this differently? I also feel like the advice sometimes changes, so I am cautious in making a move without being very sure. Thank you.
*I also wish to add that I will be filing the motion by the end of this week so that I don't waive my defenses (within 60 days with 21 to schedule out). It is around 32 days after I filled my answer and Affirmative defenses of which improper service and incomplete service were mentioned.
*Update: I haven't filed the motion yet. I have a new understanding, as long as my motion is filed within 60 days of my answer, I will be in time and not waive my defenses on improper service. Hearing does not need to be scheduled within the 60 days of answer. I believe the 21 days allows me to view copy of plaintiff's response, prior to hearing. I was hoping to have someone respond with their understanding of this. Thank you!