In this case we filed lawsuit against a defendant on behalf of a hospital. The defendant responded by filing a counterclaim against the medical provider alleging various claims and seeking a minimum of $20,000 in damages for "unjust enrichment" and "deceptive business practices." Our office took an educated and calculated risk not to respond to the counterclaim. We did this because in our professional opinion, the counterclaim did not allege sufficient facts on its face to make out a claim (meaning that the defendant did not provide any facts to support his argument and lawsuit). 

After 1 year elapsed, the Defendant lost his ability to enter a default judgment (CPLR 3215[c]). As a result, we asked the court to dismiss his counterclaim as abandoned. The court granted the relief and the counterclaim against the hospital was dismissed.