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BELLEVUE SOUTH ASSOCS. v. HRH CONSTR. CORP.

184 A.D.2d 221 (1992)

Bellevue South Associates, Plaintiff, v. HRH Construction Corporation et al., Defendants. Andal Corp. (Circle Industries Corp.), Third-Party Plaintiff-Appellant, and Masonite Corporation, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 2, 1992

The retrial herein came about as a result of a determination by the Court of Appeals (78 N.Y.2d 282, 297-299) that there was a triable issue as to whether or not the third-party plaintiff was barred by its own conduct from asserting that the third-party defendant was bound by implied warranties. Even if the doctrine of judicial estoppel (see, e.g., Kalikow 78/79 Co. v State of New York, 174 A.D.2d 7

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