In Textile Technology Exch., Inc. v. Davis, 81 N.Y.2d 56 [1993]) the Court of Appeals held that interposing a counterclaim related to a plaintiff's claims will not waive the defense of lack of personal jurisdiction, but that asserting an unrelated counterclaim does waive such defense because the defendant is taking affirmative advantage of the court's jurisdiction ( id. at 58). The Court noted that a counterclaim will only be "related" for those purposes "where the parties or their privies are the same and where the issues in the plaintiffs' claims are potentially identical and decisive of issues raised in the counterclaims" ( id. at 59).